An unscheduled inspection by Rospotrebnadzor is always a serious test for an entrepreneur. What rights does the person being checked have, and what should he pay priority attention to, our article will tell.

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

The powers of Rospotrebnadzor include control of the sanitary and epidemiological situation:

  • at catering points (cafes, restaurants, canteens);
  • at any production enterprises related to food products and not only (working conditions, condition of the premises);
  • in the development of building schemes, during construction.

Unscheduled inspections are of 2 types - documentary and field. Documentary ones are held on the territory of Rospotrebnadzor, and field ones - directly at the enterprise.

According to the statistics of the Ministry of Economic Development, Rospotrebnadzor inspects enterprises more often than other control bodies. It is important for a labor protection specialist to know how checks are carried out and what inspectors will check from his area of ​​responsibility. In the article, you will find out what documents controllers will request, who was exempted from scheduled inspections, and how they will be punished for violations.

If the task is to verify compliance with the prescription, then the inspectors can study during the procedure only what concerns this issue, and no more.

If there are during the verification process, this means that the last time it was not carried out thoroughly enough. The inspector is obliged to report the detected violation to his management, but during the current unscheduled control, he does not have the right to issue a new decision, another inspection must be scheduled for this.

Grounds for an unscheduled inspection by Rospotrebnadzor

  • 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;
  • causing damage to life, health of citizens during the production activities of the enterprise, the occurrence of man-made or natural emergencies, for example, during an epidemic of an infectious intestinal disease, public catering enterprises, housing and communal services, etc. will be checked;
  • violation of consumer rights (on appeals-complaints of citizens).

Rospotrebnadzor checklists

The procedure for conducting an unscheduled inspection by Rospotrebnadzor

An unscheduled inspection is carried out by order. Checklists do not apply. They may only be used during scheduled inspections.

attention

The term for carrying out the documentary and exit forms cannot exceed 20 working days.

During verification activities, the mode of operation of the persons being checked is taken into account.

Rospotrebnadzor conducts documentary checks on its territory. The resolution contains the required list of documents. The object organization brings them to the inspector in the form of copies certified in a simple way. Notarization is not required. Also, in agreement with the inspector, you can provide documentation in digitized form via e-mail.

It is forbidden to demand from the entrepreneur documents that are not related to the subject of verification. If the performance of production control is checked, the inspector does not have the right to request a copy, because he must request this data from the medical organization. Indeed, according to it, it is the medical organization, and not the employer, that is obliged to provide a copy of this document to the territorial department of the RPN.

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Unscheduled field inspection of Rospotrebnadzor

If during the documentary check the RPN reveals errors, contradictions or violations, it will require the organization to provide explanations in writing within 10 working days. If after that the inspector still has doubts about the reliability of the data, he has the right to conduct an on-site control.

During the entire process, the head or authorized representative of the organization must be present. An authorized representative must have a power of attorney to represent the interests of his employer, which is transferred to the inspector.

Both scheduled and unscheduled inspections of Rospotrebnadzor begin with the provision of an official certificate by the inspector and familiarization of the authorized representative with his rights and obligations in accordance with. The inspected person must receive an order for an on-site inspection indicating its subject, as well as information about the powers of the inspectors. Persons not listed in the order are not entitled to be present during the procedure. This also applies to invited experts.

The host party is obliged to provide the inspectors with access to the territory, premises, buildings, structures, equipment, vehicles, placed cargo and finished products, raw materials, etc., specified in the order.

The worst option would be to close access to any of the objects (warehouse, premises, etc.). This will be regarded as limiting the access of inspectors to the subject of verification. Therefore, provide the inspector with comprehensive assistance, give the necessary explanations, open all doors for him so that he does not have any doubts.

A frank admission of one's guilt (if any) can help, if not reduce the amount of the fine, then get the inspector's advice on the most optimal way out of the current situation.

Unscheduled inspection by Rospotrebnadzor in 2019

In 2019, the procedure for unscheduled on-load tap-changers does not change. for unscheduled inspections is not regulated, therefore, you need to be guided by 294-FZ.

Unscheduled inspection of Rospotrebnadzor without warning - is it legal?

Notification 24 hours before the start will not be issued if the actions of the inspected individual entrepreneur or legal entity contain a threat to human life, the health of citizens, animals, plants, the environment, cultural heritage sites and state security.

Therefore, if a complaint is written against you that you are illegally selling counterfeit vodka, no one will warn you 24 hours in advance by phone or email. The inspector will come suddenly and check on the fact of the complaint.

Should Rospotrebnadzor warn about an unscheduled inspection

The RPN is not obliged to notify about an unscheduled inspection.

The inspection is called unscheduled because it does not require a schedule for the year ahead and publish it on the website. This is a sudden event, designed to determine the actual state of affairs in compliance with the sanitary legislation of the Russian Federation on the spot.

Unscheduled inspection of Rospotrebnadzor on a complaint

An unscheduled inspection based on complaints from citizens is most often carried out in the retail trade, public catering, as well as in the provision of personal services (hairdressers, beauty salons, etc.).

A citizen applies to the window for receiving applications and appeals at the territorial department of Rospotrebnadzor, and can also send an application by e-mail or call the hotline.

The appeal is recorded, the information is checked, clarified, the citizen is summoned to the appropriate department of control and supervision activities to testify.

As evidence of improper provision of services, photographs and videos, written explanations, cash receipts, flyers and other visual evidence are accepted that will show that the appeal is reasonable, and not just a settling of accounts, for example.

Anonymous submissions are not accepted. If a citizen decides to complain about the actions or inactions of entrepreneurs, he is obliged to provide his personal data to the department of supervisory and control activities. At the same time, he has the right to write an application with a request to withdraw his personal data from the documents that are the basis for verification.

Some cosmetology company was diagnosing the condition of the skin. Employees of the firm deftly convinced clients of the presence of dermatological problems, promised improvement within ten procedures, and sold suitcases with cosmetics and certificates for cosmetic services on credit in partnership with a commercial bank. The amount of the check for services started from 60,000 rubles.

Victims of unscrupulous cosmetologists wrote complaints to Rospotrebnadzor, in which they referred to insufficient information about the service and possible allergic reactions, to the lack of data on certification and calibration of diagnostic devices, and also expressed doubts about the availability of Russian diplomas of medical secondary or higher education among the staff.

All appeals of the victims were considered by the TU of Rospotrebnadzor, the loan agreements were terminated, and the victims were able to return the suitcases with unnecessary cosmetics to the company. The creditor bank also received a warning about the improper provision of services.

Rospotrebnadzor - unscheduled IP inspection

The procedures for checking an individual entrepreneur and a legal entity differ in the number of hours. Verification should not be more than fifty hours per year, and 15 hours for micro-enterprises. This is indicated in paragraphs of the Administrative Regulations. A micro-enterprise is also considered to be an individual entrepreneur with up to 15 employees.

At the same time, the inspector must take into account these hours, combining them with the hours of operation of the object of inspection. The extension of the procedure is carried out by decision of the head of the territorial department of the on-load tap changer, if there are justifications, and for the same period.

Unscheduled inspection of Rospotrebnadzor New Year

An unscheduled inspection during the pre-holiday period can be initiated by local governments.

If the district council applies with such an initiative to the territorial department of the RPN, then an order is issued to conduct an unscheduled inspection, for example, Christmas tree markets or points of sale of sparklers.

Objects will be warned about the arrival of the inspector 24 hours (per day). In this case, a warning (notification) can be received both by corporate e-mail and by phone. In this case, Law No. 294-FZ does not require notification of receipt of information about the verification.

How often can Rospotrebnadzor conduct unscheduled inspections

Unscheduled. It is important for an entrepreneur to remember that a repeated offense under the Code of Administrative Offenses is punished severely.

The most severe consequence will, of course, be disqualification by court order or the closure of the enterprise for 90 days. Only a judge has the right to disqualify a manager and officials, but an inspecting inspector can close a plant or store. At the same time, the enterprise is not exempted from paying an administrative fine and from the obligation to comply with the order.

All work of Rospotrebnadzor is regulated by Government Decree No. 322 of 06/30/2004. It indicates that this organization monitors the quality of production, the provision of services, as well as compliance with sanitary and epidemiological standards of entities whose activities are related to consumers. What does Rospotrebnadzor check, what could be the consequences if violations are found?

What is the organization Rospotrebnadzor

Rospotrebnadzor is a state body that monitors the quality of work performed and the provision of services by enterprises, organizations and other institutions that directly interact with consumers. The duties of Rospotrebnadzor include monitoring:

  • for compliance with the legislative norms of the Russian Federation on the protection of consumer rights;
  • sanitary and epidemiological conditions;
  • for the sale of certain types of goods;
  • for the creation of the country's food reserve;
  • receipt of goods across the borders of the state;
  • radiation measurements;
  • licensing.

Attention is paid to companies, enterprises that are engaged in production related to the use of substances that can cause infections. In addition, those who work with sources of ionizing radiation are under supervision.

Types of checks

As for the types of inspections, they are scheduled and unscheduled. Each of them is endowed with its own characteristics, but all of them are regulated by the rule of law and are mandatory for all entities whose activities are directly related to consumers.

Planned

It is carried out according to the established schedule, which is determined depending on the type of activity of the inspected person from the moment of its formation. And the frequency of visits depends on this directly, unless there are any claims.

unscheduled

Regardless of how long a particular enterprise has been operating, an unscheduled inspection organization can be carried out at any time if a violation is signaled from consumers.

Exit and documentary

They directly determine the very procedure for the relationship between the checking inspector and the business. In this case, an employee of Rospotrebnadzor can personally visit the person being checked or ask for the necessary documents to be studied at his workplace.

Before any inspection, the inspecting civil service must notify the management of its intention to come. To do this, the head is sent a written notification of the date of arrival of the inspectors. The difference lies in the fact that for a scheduled visit, it is required to report three days in advance, and for an unscheduled visit, one day, but this must be done without fail.

Who can be checked and on what grounds

The regulations for the activities of Rospotrebnadzor, approved by the Decree of the Government, provide for the inspection of all entities that provide various services to the population. Therefore, control is exercised in all organizations, for example:

  • pharmacies;
  • food and non-food stores (clothes, shoes, etc.);
  • catering facilities - cafes, bars, restaurants, school canteens;
  • organizations providing sanitary-hygienic, household services (housing and communal services);
  • educational premises of educational institutions, preschool educational institutions (kindergartens), schools;
  • polyclinics;
  • women's beauty salons;
  • the same applies even to libraries, where the noise level and cleanliness of the premises are checked;
  • houses of culture;
  • banks, insurance companies.

One of the main reasons is the mandatory scheduled inspection by the Rospotrebnadzor service, carried out according to the designated plan. But there is another kind of control that can be carried out unplanned. The reason for the "show up" for the inspector will be an incident that occurred at the enterprise or in the organization. In this case, the reason may be:

  • consumer complaint about the non-compliance of the services provided or provided;
  • a complaint from a local authority representative;
  • expiration of the deadlines provided for the elimination of violations;
  • the beginning of the introduction of a new type of activity;
  • the appearance of information in the media about the violation of sanitary and epidemiological standards, the sale of low-quality goods, the provision of services of an improper nature.

Complaints submitted anonymously are not taken into account by Rospotrebnadzor. There will be no verification, since in this form the claim does not have a violation. An exception may be if the information provides for a threat to the life and health of the population, as well as state security.

How is it checked and what is checked

It should be noted that scheduled inspections are carried out according to the approved plan at the designated time. To find out when a visit by the inspection body is planned, just go to its official website and view the schedule of inspections online. Such information is publicly available, so it will not be difficult to find it out. An electronic schedule can also be found on the official website of the prosecutor's office, without which the legality of the control entrusted to Rospotrebnadzor will be considered unlawful.

Any inspection of the inspection body begins with the study of the document package available to the enterprise, organization, institution.

  1. Depending on the specifics of the auditees, documentation that is directly related to the subject of the audit may be requested.
  2. In addition, working conditions, the level of qualification of employees, and direct observance of quality are studied, therefore, during the inspection process, product samples can be taken, test purchases made, appropriate analyzes, and measurements made.
  3. One of the important points is the compliance of the measures taken with their documentary confirmation in the order for the inspection.

After the end, the inspector must without fail draw up a special conclusion (act), which displays the result of the conduct. It is made in duplicate. One remains with the inspector, the other is given to the manager of the inspected enterprise, organization. In addition, depending on the nature of the inspection, other documentation may be drawn up, for example, when sampling, selecting a certain product. There are separate papers on this.

What exactly can be checked:

  • documents confirming the legitimacy of the activity;
  • the availability of health books for staff, if it is provided for by the specifics of the work;
  • sanitary and hygienic standards;
  • corners of the consumer, books of complaints;
  • compliance with the temperature regime in the premises;
  • rules and conditions of food storage;
  • product certificates;
  • logs of sanitary and epidemiological checks;
  • price lists, catalogues, menus.

One of the most important documents, which must necessarily be available to the person being checked, is a register of disinfectants. In its absence, management faces a fine of 20,000 rubles. But here it is worth noting that this document must be certified by Rospotrebnadzor in advance. As already noted, depending on the specifics of the activity, a list of checked documents, actions and ongoing work is formed.

The head of the inspected enterprise or organization must be present, this also applies to a full-time lawyer. But, in addition to this, the leader has the right to:

  • receive from the inspector explanations directly related to the subject of the inspection;
  • be sure to enter the data in a special log indicating the start and end dates of the inspection;
  • get acquainted with the results of the check and, if they disagree, make their objection to the act being drawn up;
  • appeal against the actions of inspectors in court or a higher authority.

It is important to remember that the inspection must be carried out in accordance with the subject of the inspection indicated in the documents. If the experts demand to check something additionally, then their actions are not legal, so the manager has the right to refuse them this and appeal accordingly.

In addition, a firm, enterprise, organization can be checked on the same complaint only once for a certain time. That is, if several complaints regarding the same issue are received within a month, an unscheduled inspection can be carried out no earlier than three months from the date of the previous visit. You can appeal the actions of the inspectors within 10 days after signing the conclusion, which indicated the results of the inspection with the violations found.

A very important rule for observing the legality of the inspection is the compliance of all documents by the inspector of Rospotrebnadzor, for example, the order (order) indicates the expert who should conduct the inspection, therefore it is the specified employee who should inspect. If one person is indicated in the order, and another is conducting the check, then this is considered a direct violation, and the results will be invalidated.

Deadlines provided for inspections by Rospotrebnadzor

The provided types of inspection are carried out in the terms specially allotted for this purpose.

Time of inspection by Rospotrebnadzor

NameDescriptionDuration of the procedure
Plannedthe indicated type of verification is carried out every 3 years from the moment of formation of an organization providing services to the population. The exception in this case is medical institutions, since they are inspected every 2 years (medicine and educational institutions are inspected more often). The management of the organization, enterprise must be warned 3 days in advancethe total time allotted for verification is 20 days, but if any inconsistencies or violations are found, then the indicated period can be extended by another 20 days
unscheduleddoes not have a designated schedule, as the reason for its implementation may be the presence of certain circumstances. For example, a written complaint, a statement from a consumer, an emergency caused by some kind of violation of a sanitary and epidemiological nature. It can be carried out at any time if there has been a violation. But even in this case, the management of the audited organization must be warned 1 day before visiting Rospotrebnadzor employees
visitingat a small enterprise no more than 50 hours;

IP - no more than 15 hours

As a supplement, it is worth noting that Rospotrebnadzor employees have recently carried out inspections in the form of a risk-based approach. Its essence lies in the fact that, according to legislative acts, periods of intensity of control are established, due to the assignment of the inspected person to those engaged in activities associated with the risk category:

  • extreme risk - once a year;
  • high risk - once every two years;
  • significant risk - once every three years;
  • medium risk - once every four years;
  • moderate risk - once every 6 years;
  • low level of risk - scheduled inspections are not done.

From 2018, Rospotrebnadzor will interact with responsible entrepreneurs through Internet services, where the latter will have to cover their conscientious implementation of all the norms specified by law. Thanks to this, they are given the opportunity to move from one risk group to another. Thus, entrepreneurs can change the order of visiting the inspection body.

The conduct of inspections must necessarily be coordinated with the prosecutor's office, otherwise the actions of the experts will be considered unlawful and, accordingly, the inspection will be invalid.

What are the fines from Rospotrebnadzor

In cases where employees of Rospotrebnadzor revealed deviations from the norms or violations, the management of the audited enterprise, organization, institution may suffer one of the following types of punishment:

  • warning;
  • disciplinary;
  • administrative in the form of a fine in the amount of 20 to 200 thousand rubles;
  • civil law nature;
  • termination of activities for a period of 90 days;
  • criminal liability if there has been a gross violation of the law, for example, the sale of alcohol to minors, the sale of counterfeit goods;
  • Suspension from the position of the head for a period of up to 3 years.

The type of liability and the amount of the fine directly depend on the severity of the identified violation of the person being checked.

Is it possible to prepare for the test?

The issue is very relevant, because visiting the inspection body is not always pleasant, even if all activities are carried out correctly. This is due to the fact that legislators quite often make changes and additions to regulations that clarify the criteria for the work of organizations that interact with citizens of the country. Particular attention is paid to enterprises with a high risk of injury, life threatening, for example, mechanical engineering. Therefore, in order to be ready to visit the inspection body, in the time provided, you need to put all the documentation in order, if there are any shortcomings. In addition, it is necessary to involve the assistance of the legal department of the enterprise, which can take into account all possible nuances and prepare explanations.

If there is an assumption that the check may find something, then as a prevention of the likelihood of being held liable, it is recommended to send an appeal to companies that have relevant experience in such a case. They can help in a short time to collect the necessary package of documents, point out the presence of shortcomings, violations that need to be eliminated. But their services are paid, and at the same time not quite cheap, so it is best to try not to violate the requirements outlined in the legislation and comply with the norms. This, in turn, will make it possible to avoid unscheduled inspections, as well as the detection of gross violations, which will lead to more serious liability.

What is the probability of avoiding the inspection of Rospotrebnadzor

Inspections are carried out by the state supervision service at enterprises, individual entrepreneurs, LLCs and other entities related to consumers. Most often, they are checked upon the occurrence of certain circumstances, for example, complaints or claims from the consumer or an official of the local government. The best option for a manufacturer or entrepreneur is to resolve the issue with the buyer directly on the spot, persuading them not to write a statement. That is, specify the reason for dissatisfaction, and if you disagree, issue a refund.

As for the question of how to avoid an unplanned inspection, it is best to conduct your business activities without violating the requirements specified in the legislation, to comply with the rules for the provision and provision of services of good quality. It is very important to have all the necessary documentation, compliance with the conditions of manufacture, storage (food unit) and sale of products.

An innovation in the field of consumer protection is the adopted Federal Law of December 31, 2014. Article No. 2 indicates that an inspection of an enterprise, firms engaged in the sale of food products, as well as the provision of catering services, can be carried out without any warning at all. The same applies to retail outlets. Such a measure is considered a kind of prevention of compliance by retail outlets, buffets and other public catering outlets with sanitary and epidemiological standards, if there were reviews about the inconsistency of the services provided.

As you know, managers and employees of various enterprises, organizations and firms have to not only strictly comply with established laws, norms and rules, but also regularly communicate with inspectors. Therefore, we can fully explain the interest of representatives of small and medium-sized businesses regarding the principles of conducting control and supervisory activities. What do the employees of Rospotrebnadzor check? What areas of activity are covered by the authority of this regulatory body? In which organizations can the inspector come? About this and not only a conversation with the Acting Head of the Office of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare in the Republic of Khakassia Tatiana Gennadievna ROMANOVA

What documents are guided by the Department of Rospotrebnadzor in the Republic of Khakassia in the implementation of control and supervision activities?

The main document regulating the procedure for supervising the activities of organizations is the Federal Law of December 26, 2008 No. 294-FZ “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control”. However, it should be emphasized that its provisions are not applied in the investigation of the causes of infectious and mass non-infectious diseases or poisonings. That is, if such emergencies occur in the organization, our specialists will have the right to conduct an investigation at any time. We have the right to conduct both scheduled and unscheduled inspections.

- And how often can specialists of the Rospotrebnadzor Office check the organization?

Federal Law No. 294-FZ states that scheduled inspections are carried out no more than once every 3 years. However, in relation to budgetary institutions that carry out activities in the field of healthcare, education, in the social sphere, scheduled inspections can be carried out more often. A specific list of such activities and the frequency of scheduled inspections are determined by Decree of the Government of the Russian Federation of November 23, 2009 No. 944.

- What documents should be presented by the specialists of the Office, checking this or that organization?

The check is carried out on the basis of the order of the head (deputy head) of the Office of Rospotrebnadzor. Certified by the seal, the orders are handed over against signature to the head of the legal entity (or his representative) or the entrepreneur. At the same time, inspectors must present official identification.

When conducting an unscheduled inspection, the subject and grounds for the inspection must be indicated, and if it is caused by a complaint, the specific violations that caused the complaint are indicated. References to certain persons who allegedly called and reported existing violations cannot be accepted as a basis for verification.

How long will it take for a newly created organization to be checked by the Rospotrebnadzor Department?

Within three years and in the absence of reasons for an unscheduled inspection.

In some cases (according to Federal Law No. 294-FZ), newly created organizations are required to send a special notification to the Rospotrebnadzor Department. What are the sanctions for failure to provide such notification?

Indeed, legal entities and individual entrepreneurs planning to engage in consumer services, trade, public catering and some other activities (more than 80 types of activities) are required to notify the relevant regulatory authorities about this. The notification is sent to the Office of Rosopterbnadzor after the state registration of a legal entity or individual entrepreneur (individual entrepreneur) and their tax registration before the actual implementation of activities through the public reception of the Office or in electronic form through our official website. The notification form and the procedure for its submission are established by the Government of the Russian Federation and posted on our official website www.19.rospotrebnadzor. ru.

Failure to provide a notice from a legal entity or an individual entrepreneur about the start of business activity violates the requirements of the current legislation (part 1 of article 19.7.5 1 of the Code of Administrative Offenses of the Russian Federation). The sanctions of this norm are as follows: an administrative fine for officials in the amount of 3,000 to 5,000 rubles, for legal entities - from 10,000 to 20,000 rubles.

Submission of false information about the types of activities entails the imposition of a fine on officials in the amount of 5,000 to 10,000 rubles, on legal entities - from 20,000 to 30,000 rubles (part 2 of article 19.7.5-1 of the Code of Administrative Offenses of the Russian Federation).

- What organizations fall under the close attention of Rospotrebnadzor?

Despite the fact that the Office of Rospotrebnadzor can check any legal entity or entrepreneur, we have our own priorities. First of all, inspectors come to food industry enterprises. After all, any mistake in technology or violation of sanitary rules in such organizations can lead to serious consequences. Special priority is given to institutions where children are brought up, educated and rested.

- What can cause an unscheduled inspection?

Monitoring compliance with the requirements of sanitary and consumer legislation is not limited to scheduled inspections only. Specialists of the Office of Rospotrebnadzor may come with an unscheduled visit. But this requires legal grounds.

Their list is established in Part 2 of Article 10 of the Federal Law
No. 294-FZ and in paragraph 7.7 of the order of the Ministry of Health and Social Development of the Russian Federation dated October 19, 2007 No. 658:

Expiration of the term for the execution of a previously issued order to eliminate the identified violation (repeated inspections);

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

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

Complaints of citizens about violations of their rights and legitimate interests by the actions of companies and (or) entrepreneurs.

If violations do not fall under this list, then the check will not be carried out. Also, they will not check the legal entity or individual entrepreneur if the report of the violation is anonymous (Part 3 of Article 10 of Federal Law No. 294-FZ).

Unscheduled checks on the fact of causing harm to life, health of citizens, harm to animals, plants, the environment, state security, as well as the occurrence of natural and man-made emergencies are carried out within 24 hours.

It should be noted that unscheduled inspections (with the exception of those carried out in order to establish the causes of infectious and mass non-infectious diseases or poisoning) are subject to agreement with the prosecutor's office.

- Does the Department of Rospotrebnadzor warn the organization that it is going to come there with a check?

The Department of Rospotrebnadzor notifies the legal entity and individual entrepreneur of the scheduled inspection no later than three working days before the start of the inspection. This is done, among other things, by sending a copy of the order to start a scheduled inspection by registered mail with acknowledgment of receipt. An unscheduled on-site inspection is notified at least 24 hours before the start of the inspection.

But if, as a result of the activities of a legal entity or individual entrepreneur, harm has been or is being caused to the life, health of citizens, harm to animals, plants, the environment, state security, and emergency situations have arisen or may arise, prior notification is not required.

- Is it possible to get acquainted with the list of scheduled inspections of the Office for 2013?

The list of scheduled inspections can be found on the official website of the Office of Rospotrebnadzor for the Republic of Khakassia www.19.rospotrebnadzor. ru, Prosecutor General's Office of the Russian Federation www. genproc. gov. ru, prosecutor's office of the Republic of Khakassia www. prokrh. ru.

Tatyana Gennadievna, is it possible to start an audit in the absence of the head of the organization? Suppose your employees came to check, but the company's management is not in place?

The requirements of Federal Law No. 294-FZ state that as part of the control measures, inspectors carry out a visual inspection of the object of supervision in order to assess the object's compliance with mandatory requirements. The inspection should be carried out in the presence of the head (authorized person) of the organization being inspected.

In the event of an unscheduled inspection related to the investigation of the causes and circumstances of the emergence and spread of infectious and mass non-communicable diseases, the inspection may be carried out without the presence of representatives of the audited organization. At the same time, the inspectors must take measures to inform the head (authorized by him) of the audited institution about the ongoing audit, and the results of the audit must be brought to his attention within three days after its completion.

And what rights does the head of the enterprise, to which Rospotrebnadzor specialists came with an inspection, have?

The head (his representative) of the legal entity and the individual entrepreneur have the right to be present during the audit, give explanations on issues related to the subject of the audit, receive information from the inspectors that relates to the subject of the audit, get acquainted with the results of the audit and indicate their agreement or disagreement in the audit report. with them, as well as appeal against the actions (inaction) of officials of the Office of Rospotrebnadzor.

What problem regularly becomes a topic of conversation at meetings of the leadership of the Rospotrebnadzor with entrepreneurs?

This is the problem of the implementation of production control programs, which stipulate the provision of quality, food safety, proper working conditions, organization of medical examinations ...

I want to emphasize that production control is not limited to laboratory and instrumental research. But this section of the production control program, as a rule, causes difficulties. The volume and frequency of laboratory and instrumental studies for a particular enterprise depends on its type, capacity, epidemiological significance, number of employees and other reasons.

These nuances should be taken into account more seriously by the heads of enterprises and individual entrepreneurs in their work. And not only to avoid fines and other administrative penalties. We are talking about the health of employees of organizations, the population. Therefore, any inspection should be treated with understanding and readiness to eliminate all identified violations.
Believe me, every protocol is a prevention of a threat to human health.

The interview was prepared and conducted by Lyudmila Lebedeva,
Assistant to the Head of the Department of Rospotrebnadzor
for the Republic of Khakassia

In order to understand what Rospotrebnadzor checks, it is necessary to clearly understand what functions are assigned to it, as well as the rights and various obligations during their checks. Due to the specific nature of this body, inspections of this institution will relate to the documentation that must be in the enterprise or institution, as well as the quality of products that are produced or sold, and the services provided.

The main question that concerns all entrepreneurs is what Rospotrebnadzor checks. First of all it is:

  1. Documentation of an enterprise, institution, individual entrepreneur. This includes the charter, extracts from various state registers, as well as special permissive licenses for certain types of activities that must be.
  2. Documents that confirm the legality of the location of employees. Employment books, medical and sanitary books, medical periodic examinations of employees who are engaged in the production or sale of products.
  3. Furnishing of commercial and industrial premises. This should include the presence of a signboard, a decorated corner of the consumer (a book of complaints, telephone numbers where he can call if his rights are violated, extracts from the Laws). Correspondence of the area of ​​​​the room with the size of window and door openings. Visual cleanliness of the premises.
  4. Ownership of the premises, or lease agreement.
  5. The procedure for waste disposal, as well as contracts for cleaning services (cleaning, disinfection, deratization). The frequency of such room treatments.
  6. Registration of price tags, pricing procedure, certificates (their certified copies) for all products of suppliers.
  7. Technical control plan, which is approved by the director or owner of the enterprise, individual entrepreneur.
  8. Sanitary and epidemiological condition of the premises.
  9. Certificates for various raw materials.
  10. Agreements for the export and disposal of waste.
  11. Without fail, journals that reflect periodic inspections of the cleaning of premises, checks of Rospotrebnadzor and comments, their elimination, as well as control over the technical and sanitary condition of the enterprise, institution are recorded.
To find out exactly what documents a business entity should have, it is better to contact the territorial body of Rospotrebnadzor, since Federal and regional legislation changes periodically, and the list of documentation can be changed.

Types of checks

First you need to understand how Rospotrebnadzor carries out its work and activities, and what functions it is endowed with.

The functions of Rospotrebnadzor include the following activities:

  • protection of the rights of various consumers, which are regulated by the Federal Law on the Protection of Consumer Rights;
  • supervision over the quality or safety of products sold to consumers, as well as over compliance with technological processes in the production of various products, as well as storage conditions;
  • control of the sanitary and epidemiological state of various enterprises, organizations and various institutions that sell, manufacture products, and provide services to the population in various fields (trade, medicine, construction, and more).

Based on this, two types of checks are distinguished.

  1. Planned.
  2. Unscheduled.

This body can carry out scheduled inspections at an enterprise, individual entrepreneur, institution, or organization of any form of ownership. Therefore, it is not uncommon to meet representatives of this body with their own check even in a communal organization (school, medical institution). Such checks are carried out on the basis of special regulations, which spell out the rights, as well as the obligations of Rospotrebnadzor. First of all, these are Federal and regional regulations, and besides this, the Decree of the Government of the Russian Federation, which clearly describes how inspections are carried out, the rights and various obligations of the subjects of inspection.


The basis for any scheduled inspection is the annual plan, which is formed by the territorial bodies or departments of this body. It includes all enterprises and individual entrepreneurs at which such a check will be carried out. To get acquainted with this plan, it is enough to go to the official website of the district or regional Rospotrebnadzor, or to a similar Internet resource of the territorial prosecutor's office.

Enterprises, institutions, organizations that were last visited by representatives of this body 3 years ago are subject to a scheduled inspection. If the organization belongs to medicine, then the three-year period for it is reduced to 2 years. To find out what day Rospotrebnadzor can arrive, you can also go to the website, open the plan, and get this information.

It is important to know that in any case, before representatives of this Federal Service arrive with an inspection at an enterprise, institution or organization, the director or manager should receive a notification 3 days before the start of the inspection.

Rospotrebnadzor can carry out unscheduled inspections without any time limits.

The reasons for such checks are as follows:

  • at the complaint of the buyer, or another person who was provided with low-quality services, or sold defective or low-quality goods;
  • on a complaint or an appeal of an official of a local authority;
  • publications in various mass media, about violations in various enterprises, organizations and institutions related to sanitary and epidemiological standards, or the release, sale of low-quality products, or the provision of low-quality services.

Such grounds are directly indicated in the regulations and give the right to Rospotrebnadzor to send its employees for verification.

It is important to know that on-site and scheduled inspections can be documentary (desk) or on-site. In the first option, documents are checked that are requested from a particular individual entrepreneur, enterprise, individual entrepreneur, institution, organization. When it comes to the field, in addition to checking documents, samples of products can be selected, documents checked, and a test purchase carried out.

It is important to know that Rospotrebnadzor can warn the administration of organizations a day before arrival, and if there is a threat of a sanitary and epidemiological disaster, state interests, or consumers, Rospotrebnadzor may not warn the administration.

Many people know what Rospotrebnadzor checks, but few people know what the deadlines for such checks are.

Small businesses and individual entrepreneurs that do not have large retail and industrial premises, Rospotrebnadzor can check 15 or 25 hours. It is caused not by a large amount of checked documentation.

Medium and large enterprises, individual entrepreneurs, institutions and organizations that have large production capacities, are related to the production of products, including food, semi-finished products, are engaged in animal husbandry or grow various vegetable and fruit crops, Rospotrebnadzor can check no more than one month.

If, during the inspection, additional questions have arisen, the clarification of which requires more time, then the head of the territorial office may extend the period for another month.

Different questions may arise, so the lawyers of the enterprise where the audit is being carried out should monitor such moments and not allow officials to delay the time of the audit.

Now it is necessary to proceed to the consideration of the rights and obligations that arise for the subjects of such verification. The subjects in this case are, on the one hand, officials of Rospotrebnadzor, and on the other hand, individual entrepreneurs, enterprises, institutions, represented by their representatives (director, lawyer, head of production).

Rospotrebnadzor, represented by inspectors, has the following rights:

  • may demand for verification and check those documents that are indicated in the direction for verification;
  • can take samples of products, raw materials from which they are made, make various measurements (for example, noise) in production facilities;
  • has the right to conduct test purchases;
  • has the right to require additional documents that supplement the requested documentation;
  • has the right to check the sanitary and epidemiological situation.

The administration of the audited enterprise, institution, individual entrepreneur has the following rights:

  • require the presentation of certificates from employees who came with a check;
  • apply for assistance to various lawyers and law firms, to represent their interests during inspections, drawing up an appropriate power of attorney;
  • be present at all actions related to the selection of samples of products and raw materials, as well as during the verification of various documentation;
  • write comments on the illegal actions of officials of Rospotrebnadzor;
  • do not allow employees without a prescription, or who came with an expired prescription.

It should be noted right away that the best way to protect your rights is to involve various specialists who have experience in representing the interests of individual entrepreneurs, enterprises, institutions, organizations before regulatory authorities. These are different law firms.

In order for their representative to have the right to participate in any inspections of Rospotrebnadzor, a power of attorney must be issued for him. The power of attorney can be notarized, or issued by the director of the enterprise, organization, institution, or by the individual entrepreneur himself.

A notarized power of attorney has more legal force than a simple power of attorney, since it contains more rights. In addition, the holder of a notarized power of attorney may independently appeal against such actions of officials of Rospotrebnadzor. That is, a notarized power of attorney provides an extensive range of rights to a person who will act on behalf of the principal.

Duties of officials of Rospotrebnadzor

  • provide a written direction for verification, which must be signed by the head of the territorial body, and it must indicate the employees (officials) who have been authorized to conduct such verification;
  • it is forbidden to demand documents or take samples that are not indicated in the referral;
  • inspectors are obliged to issue to the entrepreneur or his representative their original referral;
  • when drawing up the act, and protocols to it, representatives of Rospotrebnadzor are obliged to issue the administration of the enterprise, institution or individual entrepreneur, the same original of the act and protocols to it;
  • when sampling, as well as other similar actions, representatives of Rospotrebnadzor should invite representatives of the enterprise who have the right to get acquainted with all actions.

The main duty of the administration of the enterprise, or individual entrepreneurs who are being checked, is to provide all documents, samples, and give access to all premises to officials of Rospotrebnadzor.

It is important to know that, based on the results of inspections, Rospotrebnadzor may impose penalties, issue an order, or may close the enterprise, or oblige the individual entrepreneur not to carry out activities for no more than 90 days, until all comments are eliminated.

Rospotrebnadzor has a special legal status, as it combines the functions of two regulatory bodies: the Consumer Protection Service and the Sanitary and Epidemiological Service. To find out what an institution like Rospotrebnadzor checks, you need to carefully study the regulations that govern their activities.

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Many organizations are at risk of facing inspections by Rospotrebnadzor. It is a big mistake to assume that only catering establishments and grocery stores are at risk. Practice shows that inspectors come to banks, insurance, energy and management companies. We will tell you how the Rospotrebnadzor checks are carried out.

Basic Acts

The main document that regulates the procedure for conducting inspections is Federal Law No. 294-FZ of December 26, 2008 “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control” (hereinafter referred to as Law No. 294-FZ). It is in it that the basic rights and obligations of the inspected and inspectors are laid down; types of inspections, the procedure and grounds for their conduct.

Another important document is the Administrative Regulation, which inspectors from Rospotrebnadzor must be guided by. It describes, among other things, the order:

  • carrying out verification procedures;
  • pre-trial appeal against actions (inaction) of inspectors.

Despite the fact that this document is, in fact, an internal instruction of Rospotrebnadzor, references to it often help win disputes.

Arbitrage practice

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The company decided to challenge the order issued by Rospotrebnadzor based on the results of the audit. The company substantiated its position with reference to clause 70 of the Administrative Regulations. It says that the prescription must contain legal requirements, specific instructions and clear wording of the actions that the performer must perform.

The court agreed with the company and declared the prescription invalid. The arbitrators did not find specific conditions in the document by which its execution could be assessed. It only indicated a general obligation to stop the established violations. In such a situation, it is simply impossible to verify the fulfillment of the order (decision of the Arbitration Court of the Central District of September 29, 2016 No. F10-3652 / 2016 in case No. A14-8348 / 2015).

Types of checks

Rospotrebnadzor checks, like many other regulatory bodies, are:

  • planned and unscheduled (Articles 9 and 10 of Law No. 294-FZ);
  • documentary and traveling (Articles 11 and 12 of Law No. 294-FZ).

Moreover, they can be combined in four possible ways (clause 15 of the Administrative Regulations). Let's represent them in the form of a diagram.

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Scheduled check

As you might guess, this check is carried out on the basis of a special plan, which is drawn up for each calendar year.

The inspection plan is not a secret behind seven seals. You can find out whether a company will be checked in a given year in a few clicks. All information is posted on the websites:

In 2018, more than 70 thousand scheduled inspections should be carried out. True, commercial organizations in terms of - a minority. And the majority of those checked are kindergartens and schools. This is partly due to the fact that an ordinary company can get into the inspection plan no more than once every three years (part 2 of article 9 of Law No. 294-FZ). But organizations that work in the social sphere, healthcare or education can check annually (part 9 of article 9 of Law No. 294-FZ, clause 14 of the Administrative Regulations).

Another important factor is the moratorium on scheduled inspections of small businesses until the end of 2018 (Article 26.1 of Law No. 294-FZ).

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Small businesses include companies that meet the following criteria (Part 1, Article 4 of the Federal Law of July 24, 2007 No. 209-FZ “On the Development of Small and Medium-Sized Businesses in the Russian Federation”):

  • the average number of employees for the previous calendar year does not exceed 100 people;
  • income from entrepreneurial activity for the previous year does not exceed 800 million rubles. (Decree of the Government of the Russian Federation of 04.04.2016 No. 265 “On the marginal values ​​of income received from entrepreneurial activities for each category of small and medium-sized businesses”);
  • the share of participation of the Russian Federation, constituent entities of the Russian Federation, municipalities, public and religious organizations (associations), charitable and other funds in the authorized capital of an LLC does not exceed 25% (for JSCs, a threshold of 25% of voting shares is set);
  • the share of participation of firms that are not small businesses and foreign companies in the authorized capital of an LLC does not exceed 49% (for JSCs, a threshold of 49% of voting shares is set).

Rospotrebnadzor can (but is not obliged!) Include in the inspection plan only those small businesses that (part 2 of article 26.1 of Law No. 294-FZ):

  • work in the social sector, healthcare or education (in accordance with the list approved by the Government of the Russian Federation);
  • brought to administrative responsibility for gross violation. It should be noted here that there is no single criterion for rudeness in the Code of Administrative Offenses of the Russian Federation. It can be determined in specific articles according to independent criteria. For example, the concept of a gross violation of the conditions stipulated by a license (part 4 of article 14.1 of the Code of Administrative Offenses of the Russian Federation) is established by the Government of the Russian Federation in relation to certain types of licensed activities (note 1 to article 14.1 of the Code of Administrative Offenses of the Russian Federation);
  • brought to administrative responsibility in the form of suspension of activities;
  • the license is revoked (or its validity is suspended).

Unscheduled check

Rospotrebnadzor specialists come outside of the plan to check (part 2 of article 10 of Law No. 294-FZ, paragraph 26 of the Administrative Regulations):

  • consumer complaints received;
  • execution of a previously issued order to eliminate the violation;
  • activities of the company that has applied for a license or special status (if verification is a necessary condition);
  • materials and appeals transferred from the prosecutor's office;
  • information (including from the media) about the violation of consumer rights, the occurrence of a threat to life, health of citizens, harm to animals, plants, the environment, cultural heritage objects (or about the facts of causing such harm). Please note that in this case the verification must be agreed with the prosecutor's office.

The most common reason for an unscheduled inspection is, of course, a consumer complaint. Therefore, let's say a few more words about it.

In general, consumer complaints are different. Law No. 294-FZ distinguishes two categories of citizens' complaints: violations of consumer rights and other complaints.

When it comes to a violation of rights, the consumer must first apply for their protection to the violating company, and only if his requirements were ignored or not satisfied - to Rospotrebnadzor (subparagraph “c”, paragraph 2, part 2, article 10 of Law No. 294- FZ).

Another thing is if the complaint is not related to consumer rights. In this case, it is not necessary to contact the company in advance. You can immediately report to Rospotrebnadzor:

  • about the occurrence of the fact (or threat) of causing harm to the health of citizens, for example, a violation of sanitary requirements;
  • violation of the legislation on technical regulation;
  • the sale of goods that do not meet safety requirements.

Such explanations are given on the official website of Rospotrebnadzor.

The conclusion suggests itself: if a citizen makes a complaint, it is better to try to resolve the conflict peacefully. Otherwise, there is a high probability of soon seeing inspectors from Rospotrebnadzor on the threshold of the office. Moreover, in many cases, a citizen is not at all obliged to enter into a dialogue with companies in advance.

Documentary verification

This check (it doesn’t matter whether it is scheduled or unscheduled) is carried out at the location of Rospotrebnadzor (part 2 of article 11 of Law No. 294-FZ). At the same time, the information contained in the documents that are related to the fulfillment by the company of mandatory requirements is checked.

The company is obliged to submit certified copies (part 6 of article 11 of Law No. 294-FZ) or electronic documents upon a reasoned request, to which a copy of the order or order for verification is attached (part 4 of article 11 of Law No. 294-FZ). 10 working days are allotted for the preparation and submission of documents (part 5 of article 11 of Law No. 294-FZ, paragraph 46 of the Administrative Regulations).

Field check

This inspection (whether planned or unscheduled) is carried out at the location of the company or at the place of its activity (part 2 of article 12 of Law No. 294-FZ). The subject of the audit are (part 1 of article 12 of Law No. 294-FZ):

  • information contained in company documents;
  • activities, objects, goods (works, services), employees of the company (for their compliance with mandatory requirements).

Inspectors can look "at the light" if during a documentary check (part 10 of article 11, part 3 of article 12 of Law No. 294-FZ, clause 48 of the Administrative Regulations):

  • it is impossible to assess the compliance of the company's activities with mandatory requirements;
  • it is impossible to verify the completeness and accuracy of the information contained in the company's documents;
  • found signs of a crime.

At the same time, specialists of Rospotrebnadzor are not required to preliminarily conduct a documentary check. For example, if they understand in advance that it will not be possible to check the company’s activities without going “on a visit”, they can immediately conduct an on-site audit.

Arbitrage practice

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Rospotrebnadzor conducted an unscheduled on-site inspection in a fur store. The reason was the complaint of a citizen that fur products are sold there without marking and control signs. During the audit, this information was confirmed, and the company was brought to administrative responsibility.

Challenging the check, the company stated "a violation of the priority of the documentary check." The court retorted: conducting a documentary check in this case would not have made it possible to assess the compliance of the store’s activities with the mandatory requirements (Decree of the Arbitration Court of the Far Eastern District of March 7, 2018 No. F03-502 / 2018 in case No. A37-758 / 2017).

At field events, the company is obliged (part 3 of article 12 of Law No. 294-FZ, paragraph 50 of the Administrative Regulations):

  • provide the inspectors with the opportunity to familiarize themselves with the documents related to the inspection (but only if the departure was not preceded by a documentary inspection);
  • ensure access of inspectors (as well as experts, representatives of expert organizations) to their territory.

If the firm does not do this, and the audit becomes impossible, it and its officials face a fine under Part 2 of Art. 19.4.1 of the Code of Administrative Offenses of the Russian Federation. Its amount can be:

  • for officials - from 5000 rubles. up to 10,000 rubles (alternatively, disqualification for a period of six months to a year is provided);
  • for companies - from 20,000 rubles. up to 50,000 rubles

And it must be said that fines for this violation are not so rare (see, for example, the decisions of the Supreme Court of the Russian Federation of 08.12.2017 No. 41-AD17-25 and of 07.02.2017 No. 44-AD17-2). True, sometimes they can be successfully challenged (decisions of the RF Armed Forces of February 26, 2018 No. 41-AD18-6, December 8, 2017 No. 41-AD17-26 and June 8, 2015 No. 49-AD15-3).

Terms of verification

The period for conducting an audit cannot exceed 20 working days (part 1, article 13 of Law No. 294-FZ, paragraph 20 of the Administrative Regulations). Moreover, this statement applies to both field and documentary checks. However, there are some exceptions for scheduled on-site inspections.

Firstly, it is possible to extend the inspection if the inspectors need to carry out (part 3 of article 13 of Law No. 294-FZ, clause 21 of the Administrative Regulations):

  • sanitary and epidemiological examination, examination, research, testing;
  • examination of product quality;
  • sanitary and epidemiological investigation.

The verification period may be extended by no more than:

  • 20 business days (generally);
  • 50 hours - if a small business is being checked;
  • 25 hours - if a micro-enterprise is being audited.

Secondly, shortened inspection periods have been established (part 2 of article 13 of Law No. 294-FZ):

  • small enterprises - no more than 50 hours per year;
  • micro-enterprises - no more than 15 hours per year.

However, an on-site scheduled inspection of a small and micro-enterprise (unlike inspections of other companies) may be suspended to obtain additional documents or information, but not more than 10 working days (part 2.1 of article 13 of Law No. 294-FZ).

Inspection Notification Procedure

About scheduled checks(and they are almost always mobile) the company must be notified at least three working days before they start. The notification is a copy of the order (order) on the inspection.

For your information

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In practice, two documents are often sent to the organization - a notification directly (in free form), to which a copy of the order (order) is attached. The courts do not consider this notification procedure a violation (determination of the Supreme Court of the Russian Federation of November 20, 2017 No. 307-KG17-16727 in case No. A13-15275 / 2016).

Employees of Rospotrebnadzor can send a copy of the order (instruction) on inspection (part 12 of article 9 of Law No. 294-FZ):

  • by registered mail with acknowledgment of receipt;
  • at the email address specified in the Unified State Register of Legal Entities. In this case, the letter must be signed with an enhanced electronic signature.

About unscheduled field trip the company should be notified only if it is carried out to verify information about the occurrence of a threat to the life, health of citizens, harm to animals, plants, the environment, cultural heritage (or about the facts of causing such harm). Employees of Rospotrebnadzor must do this no later than 24 hours before its start “by any available means”, for example, by e-mail if it is indicated in the Unified State Register of Legal Entities (part 16 of article 10 of Law No. 294-FZ, clause 42 of the Administrative Regulations).

At the same time, notice about unscheduled documentary check neither Law No. 294-FZ nor the Administrative Regulations say. And this means that no one will notify the company about it in advance (decree of the Sixteenth Arbitration Court of Appeal dated May 15, 2015 No. 16AP-1232/2015). The organization will immediately receive both an order (instruction) for verification and a request for the submission of documents.

Gross violations

In Art. 20 of Law No. 294-FZ lists gross violations that make it possible to invalidate the results of the audit. Among them:

  • the notice period has been violated. For example, when a company is notified not three, but one business day before the audit (decisions of the Arbitration Court of the Volga-Vyatka District dated November 21, 2016 No. F01-4865 / 2016 in case No. A43-29951 / 2015, FAS of the Volga-Vyatka District dated 11.10 .2010 in case No. A29-1421 / 2010) or immediately before the audit (decision of the Moscow Arbitration Court dated March 14, 2014 in case No. A40-7511 / 14);
  • the company was not notified of the audit (determination of the Supreme Court of the Russian Federation of October 26, 2017 No. 305-KG16-21421 in case No. A40-30 / 2016, decisions of the Supreme Court of the Russian Federation of February 26, 2018 No. 41-AD18-6 and of February 1, 2017 No. 72- AD16-4, Arbitration Court of the Moscow District dated November 30, 2017 No. F05-16661 / 2017 in case No. A41-15548 / 2017 and dated August 30, 2017 No. F05-11791 / 2017 in case No. A41-7145 / 2017, Arbitration Court of the Volgo- Vyatka District dated October 28, 2014 in case No. A43-25666 / 2013).
    Delivery of a notice to an unauthorized person will also be a gross violation (Decree of the Federal Antimonopoly Service of the Far Eastern District dated May 13, 2014 No. F03-1776/2014 in case No. A51-25364/2013);
  • Non-accredited (non-certified) expert organizations (experts) were involved in the audit. For example, when an organization is accredited to study some product indicators, but others are actually being studied (decision of the Tenth Arbitration Court of Appeal of October 27, 2017 No. 10AP-13749 / 2017 in case No. A41-26243 / 17);
  • the verification is not coordinated (when necessary) with the prosecutor's office (determination of the Supreme Court of the Russian Federation of July 17, 2017 No. 309-KG17-8104 in case No. A60-28725 / 2016, decisions of the Arbitration Court of the North-Western District of July 4, 2017 No. F07-5323 / 2017 in case No. A42-1131 / 2016, Saratov Regional Court dated 06.06.2017 No. 4A-427 / 2017);
  • the audit was carried out at the anonymous request of a citizen (decision of the Arbitration Court of the East Siberian District dated February 9, 2016 No. F02-7516/2015 in case No. A33-10506/2015);
  • the inspection was carried out without a corresponding order (instruction). Some Rospotrebnadzor experts believe that a citizen's appeal is sufficient for verification activities. However, the courts point out that the decision (instruction) to conduct an audit must be drawn up without fail (decisions of the Supreme Court of the Russian Federation of April 9, 2015 in case No. 301-AD15-1997, of the Arbitration Court of the Volga-Vyatka District of June 29, 2015 No. No. A31-7289 / 2014, of the Arbitration Court of the Central District of October 2, 2014 in case No. A08-5222 / 2013).
    Also, the results of the check will be invalidated if the order (order) was signed by an unauthorized person, for example, acting. head (Decree of the Supreme Court of the Russian Federation dated 02.10.2017 No. 35-AD17-2). According to the rules, such documents can be signed by the head (or deputy head) of the territorial body of Rospotrebnadzor (part 12 of article 8 of Law No. 294-FZ);
  • the inspection in the manner prescribed by Law No. 294-FZ was not carried out at all, but the company was issued an order to eliminate violations (determination of the Supreme Court of the Russian Federation dated 07.08.2015 No. .2016 No. F09-7063/16 in case No. A60-53112/2015). Typically, such "checks" are carried out in a "simplified" manner based on the general rules of the Code of Administrative Offenses of the Russian Federation. But the issuance of an order is not provided for by the Code of Administrative Offenses of the Russian Federation, but by Law No. 294-FZ. And if so, then all activities should be carried out within the framework of this law;
  • the company was not handed (not sent) the act of inspection (decision of the Arbitration Court of the Volga-Vyatka District dated April 25, 2016 No. F01-1335/2016 in case No. A31-7367/2015);
  • the expert (expert organization) is in civil or labor relations with the audited company or is affiliated with it (Decree of the Federal Antimonopoly Service of the Volga-Vyatka District dated February 21, 2013 in case No. A38-1549 / 2012). For example, if an expert organization provides services to the audited company for the extermination of rodents in a store (decision of the Arbitration Court of the Kurgan Region dated May 27, 2016 in case No. A34-1556 / 2016);
  • the inspection period has been exceeded. For example, when an audit lasts 23 working days instead of 20 (Decree of the Federal Antimonopoly Service of the Far Eastern District of November 17, 2010 No. F03-7740/2010 in case No. district dated September 24, 2013 in case No. A40-120263 / 12-17-1139).

Check results

Inspectors are required to draw up an inspection report. If violations are detected, they can go in two ways (part 1 of article 17 of Law No. 294-FZ, paragraph 68 of the Administrative Regulations).

1. Issue an order to eliminate the identified violations. It is drawn up if minor violations are found, for example, when the insurance company does not communicate to the consumer information about the components of the cost of its services (decision of the Arbitration Court of the West Siberian District dated 10/19/2017 No. F04-4157 / 2017 in case No. A45-2905 / 2017) .

Separate fines are established for failure to comply with the order (part 1 of article 19.5 of the Code of Administrative Offenses of the Russian Federation):

  • for officials - from 1000 to 2000 rubles. (as an alternative, a disqualification of up to three years is provided);
  • for legal entities - from 10,000 to 20,000 rubles.

The order must be correct and enforceable. For example, the wording “exclude from loan agreements concluded by the Bank with consumers, clauses that infringe on the rights of consumers in comparison with the rules established by laws or other legal acts of the Russian Federation: conditions for the collection of fines by the Bank in cases of violation by the Borrower of the deadline for repaying the loan and / or paying interest, on the payment of a penalty in case of violation of the terms of repayment of the loan, the terms of jurisdiction "the court considered admissible (decree of the Federal Antimonopoly Service of the Moscow District dated 04.06.2014 No. F05-3558 / 2014 in case No. A40-67388 / 13).

But the requirement for an ordinary LLC to “withdraw from circulation products that do not comply with the requirements of the Technical Regulations of the Customs Union” was qualified by the arbitrators as “incorrect and inherently unenforceable” (decree of the Arbitration Court of the Moscow District dated May 18, 2017 No. F05-5409 / 2017 on case No. A41-38513/16).

2. Apply administrative measures, up to a temporary ban on activities (with or without the issuance of an order).

Companies are brought to administrative responsibility in cases where their activities (goods, works, services) pose a threat to the life, health of citizens, harm to animals, plants, the environment (part 2 of article 17 of Law No. 294-FZ). For example, if food products do not meet the mandatory requirements (Decree of the Supreme Court of the Russian Federation of November 18, 2016 No. 304-AD16-11484 in case No. A46-11673 / 2015).

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If during the inspection signs of crimes related to violation of sanitary legislation or consumer protection legislation are established, Rospotrebnadzor will send materials to law enforcement agencies to initiate a criminal case (paragraph 76 of the Administrative Regulations).

What are they checking?

This is perhaps the main issue that worries companies that have come under scrutiny. Unfortunately for them, the powers of Rospotrebnadzor are quite broad. They can be divided into two areas:

  • sanitary and epidemiological supervision (see federal laws No. 52-FZ of March 30, 1999 “On the sanitary and epidemiological well-being of the population” and No. 29-FZ of January 2, 2000 “On the quality and safety of food products”);
  • supervision in the field of consumer protection (see Law of the Russian Federation of 07.02.1992 No. 2300-1 “On Protection of Consumer Rights”).

Everything that is included in these areas can become the object of verification. Responsible persons of the company must know and comply with the norms of the listed laws, by-laws adopted in accordance with them, as well as the requirements in a specific industry (production, catering, food sales, medicine, education, etc.).

Full lists of acts containing mandatory requirements, compliance with which is assessed during the audit, can be found on the Rospotrebnadzor website.