Who checks the enterprises? All store checks: how a simple entrepreneur can “survive.” What diseases affect the abdominal cavity

The test is still scheduled, what should I do?

First of all, you need to check whether the law is being complied with at the time of operation of your store.

In this case, the store owner needs to submit an application to the inspection body (which, in fact, inspects your store). The application is drawn up in accordance with the requirements of Decree of the Government of the Russian Federation dated November 26, 2015 No. 1268.

The following package of documents must also be attached to the application:

• An extract from the register of shareholders of the company (if the form of ownership is JSC);
• For individual entrepreneurs, a copy of the financial results report or the Accounting Book;
• Information on the number of employees.

The decision to terminate the inspection and exclude your organization from the inspection register will be made within 10 days after the supervisory authority receives the full package of documents.

It is important to know! It is possible to submit an application to exclude an organization from the register of inspections even if an inspection is already underway. In such a situation, the inspection will be suspended while the application is being considered.

If the inspection is ordered legally and the inspector is already in your store, you need to check the availability of a document certifying the inspector’s involvement in the inspection body and the decision to conduct the inspection itself.

It is also better to record the progress of the inspection on video or, in extreme cases, in audio format. Photos, videos and audio recordings in one’s own premises are permitted; moreover, inspection staff quite often resort to such methods of recording inspections.

You need to record the process so that later it will be easier to restore the chronology of events and identify possible violations admitted by the inspector during the inspection. In addition to recording the process on video, it is advisable to record the progress of the inspection in writing.

All required documents must be submitted strictly according to the inventory, which indicates the name, quantity and type of document (copy or original). This inventory will help you if any documents are lost.

It is worth noting that most often, copies of documents are transferred to employees of inspection bodies; the originals remain in the company or are transferred to the inspection body, but according to a strict inventory and only in exceptional cases.

Exceptional cases include situations where inspectors do not have enough copies to carry out control or there are grounds that the originals will be destroyed by the person being inspected.

When transmitting original documents, copies are made of them and certified by the official to whom the originals are transferred.

It is important to know! Documents representing trade secret, can only be confiscated by a court decision.

Each inspection ends with the drawing up of an act and protocol, which is signed by both the inspected and the inspecting parties.

Before signing the protocol, carefully study all the points and make sure that all the information presented is reliable.

If you have comments about violations committed by the inspector, if you do not agree with the information reflected in the protocol, make an entry with detailed comments in the final document.

For an entrepreneur, an act supplemented with his comments is much better than refusing to sign an act or protocol.

After signing the act and making comments about disagreement, you should immediately file an appeal to higher authorities or the prosecutor's office. The application must be accompanied by certified copies of all documents that can confirm the fact of violations committed during the inspection.

Another important addition when preparing for an inspection is to contact a lawyer as soon as information about the inspector’s upcoming visit becomes known.

This step will help you avoid making common mistakes:

• providing inspectors with unnecessary documents,
• disclosure of information that is valuable,
• missing a deadline for challenging the results of an inspection, etc.

Also, the presence of a lawyer in the organization at the time of the inspection will set the right tone for the conversation with the regulatory authorities.

Where to see the schedule of scheduled inspections for 2018

Even before the inspection is carried out, it is better for the store owner to clarify whether it is planned in principle at his trading enterprise.

Information about the inspection plan for 2018 is quite easy to find. You just need to go to the website of the Prosecutor’s Office, then in the “Small Business Inspections” section, enter data about the enterprise (TIN, OGRN, name).

It is also possible to check information by the name of the inspection body. In this case, the system will introduce you to full list organizations to which the inspection body is scheduled to visit.

Types of checks in the store

Scheduled store inspection

A scheduled inspection is carried out in the organization in accordance with the schedule of scheduled inspections. The subject of verification in this case is compliance by the legal entity or individual entrepreneur with the requirements established by law Russian Federation.

The compliance of the information contained in the notification of the commencement of certain types of activities of the entrepreneur with the mandatory requirements of the Russian Federation is also checked.

Scheduled inspections are carried out on the basis of annual consolidated plans, which are formed by the General. Prosecutor's Office of the Russian Federation.

As mentioned above, the consolidated plan itself and the register of scheduled inspections are posted on the website General Prosecutor's Office Russian Federation in the section “Inspections of small businesses”.

In order for an organization to be included in the register of scheduled inspections, 3 years must pass from the date of:

1. registration of legal entities/individual entrepreneurs with a government agency;
2. carrying out the last scheduled inspection of legal entities/individual entrepreneurs (more precisely, from the moment of its completion);
3. submission of a notice of the commencement of certain types of activities of an entrepreneur by an individual entrepreneur or a legal entity.

By law, scheduled inspections must be carried out no more than once every 3 years.

Unscheduled store inspection

The following reasons may serve as grounds for an unscheduled inspection:

• An employee, buyer, or supplier filed a written complaint against the entrepreneur;
• Based on the results of previous inspections, the entrepreneur was given instructions, but he did not comply with them, or fulfilled them in violation of the established deadlines;
• The entrepreneur has created a threat to the life and health of people/animals;
• Gross violations of safety requirements.

Also, if the regulatory authority has suspicions about the entrepreneur’s dishonesty, an inspection may well be ordered. For example, if on point of sale for no apparent reason, revenue drops sharply (with the introduction of online cash registers, this will be quite easy to track).

Documentary check of the store

The bulk of errors in the activities of an enterprise are identified during documentary checks.

It should be noted that at the time of inspections, the entrepreneur is not obliged to help the inspection authorities in identifying tax errors, however, do not forget that opposition to representatives of the control authorities in conducting the audit will entail the administrative responsibility of the entrepreneur.

The fact that before the audit is carried out, the head of the tax office approves the verification program itself plays into the hands of the entrepreneur.

This program contains a list of questions that need to be clarified. The list also indicates the specific period of activity of the enterprise that will be subject to inspection.

Important! The period for which a documentary audit will be carried out cannot be longer than established by the Law of the Russian Federation “On the Fundamentals of the Tax System in the Russian Federation”.

The following questions are included directly in the audit program itself:

• correctness of accounting and reporting of profits from work, services, or sales of products, reflection of profits or losses from other sales and non-sales operations, reliability and legality of documentation;
• reflection of data on the actual cost of services, work, reliability of information on the actual cost;
• calculation of income tax, its reliability, legality of the entrepreneur’s use of all kinds of benefits.

The period for conducting an audit should not exceed 30 days and can be extended with the permission of the head of the State Tax Inspectorate and only in exceptional cases.

Typically, a documentary check includes three stages:

1. The data reflected in reporting form No. 2 “Report on financial results and their use” is verified with data from the general ledger;
2. The data in the order journals is reconciled with the general ledger;
3. The correctness and legality of entering transactions into reporting documents is checked.

Reporting documents can be checked using either a selective or a continuous method.

On-site store inspection

An entrepreneur's nightmare. Firstly, during the audit, violations may be revealed. Well, secondly, the on-site inspection is an on-site inspection, which is carried out on the territory of the entrepreneur.

Those. During the entire period of the inspection, representatives of the inspection body will be on the territory of the entrepreneur (in our case, the store), which will cause disruptions in the normal routine of the company, not to mention fluctuations in emotional background employees.

If an on-site inspection is ordered, the entrepreneur may refer to the lack of suitable premises for carrying out the inspection, but in this case, representatives of the inspection body can legally visit the trade enterprise to make sure that there is no suitable premises.

Rospotrebnadzor united several departments at once, and therefore the inspection by this body is the most multifaceted for an entrepreneur.

List of documents that may be needed during verification

Inspectors must note:

• presence of a sign that meets the requirements;
• presence of a consumer corner;
• availability of price tags on goods and prices for services (price lists and price tags must be certified by the signature of the manager);
• availability of a rental agreement/certificate of ownership;
• existence of an agreement with the company responsible for garbage removal and disinfection;
• availability of statutory documents (certificate of registration with the tax authority, charter of the organization);
• a log of inspections of the sanitary condition of the premises;
• licenses to carry out the activities of the organization.

What Rospotrebnadzor checks in stores of various types

When inspecting stores, Rospotrebnadzor first of all pays attention to:

• condition and quality of products, conditions under which products are produced, stored and sold;
• active honey staff books;
• compliance by employees with trading rules;
• availability of a complete package of documents for the goods, etc.

Because Rospotrebnadzor has combined the functions and powers of several departments; it is worth noting that, for example, the Sanitary and Epidemiological Station is also subordinate to this regulatory body.

The sanitary and epidemiological station pays most attention to enterprises in its inspections Catering, schools, kindergartens, gas stations and, of course, grocery stores.

The first thing the SES pays attention to in a store is the product. Everything will be checked: expiration dates, storage conditions, conditions for selling products, their quality (products offered to consumers at a minimum must be harmless).

They will also check technological processes, product technologies (presence of re-freezing of fish, meat products), the presence of expired goods on the shelves, and technology for working with expired goods.

The premises will be checked for compliance with sanitary and epidemiological standards, the presence of proper ventilation in the premises, and the availability of equipment to maintain cleanliness in the premises.

All personnel will be checked for valid medical records. The SES will also check the availability of appropriate documentation for the goods and control the algorithm for accepting the goods by employees.

Registration of inspection results

Upon inspection, the official conducting the inspection draws up a report in two copies. The report notes all identified violations, the entrepreneur’s actions to eliminate them during the inspection (if any), disobedience to the legal order of a representative of the regulatory authority, etc.

The mandatory points in the act are:

1. Date and time of drawing up the act. The place where the act was drawn up;
2. Name of the regulatory authority that conducted the inspection;
3. Date, number of the order on the basis of which the inspection was carried out;
4. Full name, position of the persons conducting the inspection;
5. Name of the person being inspected, full names of those present;
6. The place where the inspection was carried out, its date, time and duration;
7. Test results;
8. Information about familiarization (refusal to familiarize) with the inspection report of the head of the organization;
9. Signatures of each official conducting the inspection.

Most common violations

• Violation of sanitary standards;
• Lack of instruments for measuring temperature and humidity, respectively, violation of temperature and humidity conditions;
• Violation of food storage standards;
• Violation of production control;
• No research protocols available;
• Violation of the volume and frequency of studies;
• Violation of the norms of the Legislation of the Russian Federation regarding product labeling;
• Violation of requirements regarding the design of price tags.

Rospotrebnadzor sanctions

Summary table of fines for legal entities and individual entrepreneurs

Violation	Responsibility
Failure to comply with sanitary standards and hygiene rules. Ignoring the implementation of sanitary, hygienic and anti-epidemiological measures.	Individual entrepreneur without legal education: AS 500 - 1,000 rubles. or APD. With a legal education: AS 10,000 - 20,000 rubles. or APD for 90 days.
Fraud in measuring, weighing, counting or deceiving the consumer in any other way.	AS 20,000 - 50,000 rub.
Deception of consumers regarding the properties, composition and quality of a product during its production or sale.	AS from 100,000 - 500,000 rub.
Denial to the consumer of his right to receive information about the product, manufacturer, performer, seller and mode of operation.	P or AS 5,000 - 10,000 rub.
Disobedience to the requirement or order of an inspection official exercising municipal or state supervision without legal grounds.	P or AS 2,000 - 4,000 rub.
Failure to comply with a resolution to eliminate violations on time.	AS 10,000 - 20,000 rub.
Failure to provide the necessary information that is necessary for the inspection body to carry out its legal activities or untimely submission of the necessary information. The information provided is incomplete or distorted or illegally altered.	AS 3,000 - 5,000 rub.
Sale of goods or provision of services of inadequate quality, in accordance with the established requirements of regulations.	Individual entrepreneur without legal education: AS 10,000 - 20,000 rubles. With a legal education: AS 20,000 - 30,000 rubles.
Sale of goods/provision of services in the complete/partial absence of information about the manufacturer/performer.	AS 30,000 - 40,000 rub.
Failure to use the cash register or its operation in a condition that does not comply with the rules, in violation of the requirements established by law. Refusal to issue a check or receipt to a client.
Inflating government-regulated prices or excessive mark-ups on prices. Inflating the maximum cost indicated by the manufacturer on the pack when selling tobacco products.	AS is the 2nd amount of revenue received during the period of violation, but not more than 1 year.
Intentionally setting low prices or excessively understating markups. Failure to comply with pricing control standards.	AS 100,000 rub.
Deception of the consumer when selling goods in any of its manifestations: under-measuring, under-weighting, short-cutting.	AS 20,000 - 50,000 rub.
Deceiving the consumer regarding the properties and quality of a product during production for the purpose of selling illiquid goods.	AS 100,000 - 500,000 rub.
Violation of the consumer's right to obtain reliable information about a product, manufacturer, or seller.	P or AS 500 - 1,000 rub.
The contract contains clauses that address open infringement of consumer rights established by law.	AS 10,000 - 20,000 rub.
Refusal to provide benefits and benefits to the consumer, if they are provided for by law.	AS 5,000 - 10,000 rub.
Violation of the rules for the sale of certain types of specific goods.	AS 10,000 - 30,000 rub.

AS – administrative fine
P – warning
APD – administrative suspension of activities

Tax audit of the store

Desk inspection

A desk audit is carried out directly at the tax authority. This type of audit includes the study of reports provided by the individual entrepreneur.

First of all, the fact of filing tax reports is established. Documents are checked for the accuracy and completeness of the data provided, and the correctness of tax payments.

If there are no violations from the point of view of calculation and payment of taxes, this type checks will pass painless for an entrepreneur.

If violations are identified, in some cases the inspector will issue a warning and provide time to correct the violation.

If an individual entrepreneur ignored the order or violated the deadlines for eliminating the violation, he will not be able to do without a fine.

On-site inspection

The on-site inspection takes place on the territory of the entrepreneur. Moreover, the individual entrepreneur still has the opportunity to transfer the location of the audit to the tax office.

To do this, you must submit a statement about the lack of suitable areas for the inspection to the inspection body. As mentioned above, in this case, the tax inspector has the right to visit the enterprise in person in order to verify the absence of premises.

If the audit does take place, the entrepreneur is obliged to provide the tax inspector with a fully equipped workplace for the entire period of the audit.

Typically, an on-site tax audit should not exceed two months, however, at the initiative of the head of the tax office, the audit may be extended.

Upon completion of the inspection, the tax inspector draws up an on-site inspection report, one copy of which remains with the entrepreneur.

The program for Business.Ru stores allows you to automate tax reporting, always be aware of all mutual settlements with employees, control cash flows in the company, and personal calendar will remind you of important events.

Grounds for conducting an unscheduled tax audit:

• The amount of tax deductions does not correspond to the average for this industry;
• The amounts of payments made by the taxpayer to the budget do not correspond to the amount of payments that the taxpayer is obliged to make to the budget of the Russian Federation in accordance with the chosen taxation system;
• The results of the organization's financial and economic performance indicators for the current period show significant deviations from the results achieved previously for a similar time period;
• Differences were found in the documents kept at the enterprise from the documents submitted by the entrepreneur to the tax office;
• The entrepreneur committed errors, violations, inaccuracies or illegal actions when forming the tax base;
• The growth rate of income and expenses does not correspond to each other, that is, the company is operating at a loss;
• The share of tax deductions of the enterprise is more than 89% for the previous year;
• The entrepreneur did not provide answers to requests sent by the tax inspectorate.

Rights and powers of tax inspectors

The entrepreneur is obliged to provide the tax inspector with access to the premises of the enterprise and the territory related to this enterprise. However, in order to gain this access, the tax officer must present:

1. Service ID;
2. The decision of the head of the tax authority or his deputy to initiate an on-site inspection, indicating the date and complete information about the person being inspected.

It is worth noting that it is also not worth interfering with the work of representatives of the tax inspectorate.

In case of obstacles from representatives of the audited organization, the tax inspector draws up a corresponding act, which is signed by both parties.

If the person being inspected refuses to sign the act, a note to this effect is made in the document.

Procedure

1. Firstly, you need to invite a lawyer so that you can provide legal support during the inspection;
2. Check with the inspector for the presence of an inspection order and the identification of a tax inspector;
3. Give the tax inspector the opportunity to familiarize himself with the documents that are the subject of the audit;
4. Issue documents in person, by mail (registered mail) or through the taxpayer’s personal account within 10 days from the date of request (in case of a desk audit);
5. Warn the tax authority in writing about a possible delay in providing documents, indicating the timing of the delay and reasons;
6. If a seizure is being carried out, check with the inspector that the relevant order is in place;
7. Personally check the seizure protocol (the quantity, name and, if possible, cost of the items must be indicated).

Tricks to help you survive a tax audit

• The first rule that an entrepreneur must adhere to in the event of any inspection is to try to remain completely calm. Consider communication with the inspector as negotiations with a business partner;
• Transmit all information strictly through one responsible person. How many people, so many opinions. One employee will consider it necessary to voice information that is important in his opinion, the second will say something that he is not completely sure of, but heard somewhere on the sidelines. As a result, representatives of the inspection will have a lot of information, which most often does not work in favor of the business owner;
• Try to position the inspection inspector correctly. Tax inspectors are people just like you. The more comfortable his stay in your organization is, the higher the likelihood of constructing a competent dialogue in the event of controversial issues. Of course, you shouldn’t assign a personal secretary, a servant with a fan, and a dozen dancing oriental beauties to a tax inspector, but it’s quite possible to provide a comfortable workplace (although dancing beauties, of course, could distract from errors in documents);
• Develop regulations for employee behavior during inspections. The sight of panicked employees running around the office exclaiming “we’re all done!” will not inspire any inspector. But the sight of completely calm employees going about their business, despite the tax inspector present in the office, will make you believe that everything in the organization is more than legal. Although this fact, of course, will not cancel the verification of documents;
• Personally record every action of the inspector related to the progress of the inspection (information requested, documents provided, etc.). One of the main advantages of this rule will be the ability to identify violations committed by the inspector during the inspection;
• Submit all documents strictly according to the drawn up inventory;
• Before conducting an audit, carefully check for hidden tax overpayments (often this category includes expenses for mobile communications, office maintenance expenses, etc.). It is best to conduct this audit of your company together with an accountant.

Fines for violations

Violation	Amount of fine
The reporting method is broken	200 rub. for each return filed incorrectly
The procedure for owning pledged property is not followed
The procedure for tax registration has been violated
Tax return not submitted	5% of the non-transferred tax amount for each month from the day established for its submission. But not less than 1000 rubles. and no more than 30 percent of the specified amount.
Seized property is misused
No documents were submitted to the inspection	from 50 to 200 rub. for each document not provided
There were gross violations of accounting rules:
in one tax period	fine - 10,000 rubles.
in more than one tax period
Violations led to an understatement of the tax base	20 percent of the amount of unpaid tax, but not less than 40,000 rubles.

Also one of the most stringent checks. If fire safety standards are violated at an enterprise, the life and health of customers and employees are at risk. The purpose of the Ministry of Emergency Situations is precisely to identify violations in the field of fire safety.

Everything comes under the close gaze of fire service employees: buildings, structures on the territory of the enterprise, warehouses, etc. What fire inspectors will pay attention to first of all:

• Are fire safety standards observed inside the buildings and premises of the enterprise;
• Availability of emergency exits and their condition;
• Evacuation plan, its location in the room (must be in a visible place), etc.

Fire inspection documents

Before conducting an inspection, the entrepreneur must check the availability of the following documents in the store:

• Order on the appointment of a person responsible for fire safety;
• Order banning smoking in unauthorized places;
• An order regulating the maintenance of emergency exits and doors open throughout the entire time people are in the building;
• Instructions on actions in case of fire and fire safety measures;
• Instructions on actions during a fire for security personnel;
• A copy of the certificate of completion of training for the person responsible for fire safety in the “Fire Safety Minimum”;
• A copy of the certificate of training of security personnel in fire safety measures;
• Fire safety briefing log with notes from all employees of the organization;
• Project fire alarm;
• Agreements with a company serving the organization, etc.

With a complete list necessary documents and fire safety requirements can be found by studying the Federal Law of December 21, 1994 No. 69-FZ “On Fire Safety” and the Federal Law of July 22, 2008 No. 123-FZ “ Technical regulations on fire safety requirements."

Fire safety check of premises

During the inspection of the building, the inspector pays attention to:

1. Compliance of the premises with the evacuation plan;
2. Finishing walls, ceilings and floors;
3. Condition, location and availability of emergency exits;
4. If there are bars on the windows, they must open from the inside;
5. Availability and condition of fire fighting equipment;
6. Condition of the premises, presence of clutter;
7. Availability of information signs in visible places about the direction of movement to the exit;
8. For premises where more than 10 people work - the presence and condition of warning systems.

Drawing up a fire safety inspection report

Upon completion of the inspection, a report is drawn up in which all information about the violations identified is entered. The report drawn up by the fire inspector must contain the following information:

1. Details of the inspector, the organization being inspected, the date and time of the inspection;
2. Summary of the current fire-technical condition of the premises;
3. Listing of identified violations;
4. Liability imposed on the violator;
5. Explanations taken from responsible persons;
6. A note confirming that the responsible person has familiarized himself with the drawn up act;
7. Protocols are also attached to the act if serious violations of fire safety have been identified.

If an entrepreneur categorically disagrees with the progress of the inspection, the violations identified, or the act drawn up following the inspection, he must indicate in the act “I do not agree” and then clearly justify the position taken.

Responsibility for violations

Summary table of fines for fire safety violations

Article		Legal entities
Part 1 Article 20.4 violation of fire safety requirements.	Warning,	Warning,
Violation of fire safety requirements, except for the cases provided for in Articles 8.32, 11.16 of the Code of Administrative Offenses of the Russian Federation and parts 3 - 8 of this article.	fine - 6000 - 15000 rubles.	fine - 150,000 - 200,000 rubles.
Part 2 of Article 20.4 violation of fire safety requirements.	fine - 15,000 - 30,000 rubles.	fine - 400,000 - 500,000 rubles.
The same actions (see Part 1 of Article 20.4) under fire conditions.
Part 3 of Article 20.4 violation of fire safety requirements.	fine - 20,000 - 30,000 rubles.	fine - 150,000 - 200,000 rubles.
Violation of fire safety requirements for internal fire-fighting water supply, electrical installations of buildings, structures and structures, electrical products or primary fire extinguishing means, or fire safety requirements for the provision of buildings, structures and structures with primary fire extinguishing means.
Part 4 of Article 20.4 violation of fire safety requirements.	fine - 30,000 - 40,000 rubles.	fine - 150,000 - 200,000 rubles.
Violation of fire safety requirements for evacuation routes, evacuation and emergency exits or automatic fire extinguishing systems and fire alarm systems, systems for notifying people about fire and managing the evacuation of people in buildings, structures and structures or systems smoke protection buildings, structures and structures
Part 5 of Article 20.4 violation of fire safety requirements.	fine - 40,000 - 50,000 rubles,	fine - 200,000 - 400,000 rubles,
Repeated commission of an administrative offense provided for in parts 3 or 4 of this article.	suspension up to 90 days	suspension up to 90 days
Part 6 Article 20.4 violation of fire safety requirements.	fine - 40,000 - 50,000 rubles.	fine - 350,000 - 400,000 rubles.
Violation of fire safety requirements, resulting in a fire and destruction or damage to someone else's property or causing minor or moderate harm to human health.
Part 7 Article 20.4 violation of fire safety requirements.	fine - 15,000 - 20,000 rubles.	fine - 90,000 - 100,000 rubles.
Failure of the manufacturer (supplier) to fulfill the obligation to include information about indicators in the technical documentation for substances, materials, products and equipment fire danger these substances, materials, products and equipment or information on fire safety measures when handling them, if the provision of such information is mandatory.
Part 8 Article 20.4 violation of fire safety requirements.	fine - 7000 - 10000 rubles.	fine - 120,000 - 150,000 rubles.
Violation of fire safety requirements for the provision of passages, passages and entrances to buildings, structures and structures.
Part 12 of Article 19.5 Failure to comply on time with a legal order (resolution, presentation, decision) of the body (official) exercising state supervision (control)	fine - 3000 - 4000 rubles.	fine - 70,000 - 80,000 rubles.
Failure to comply within the prescribed period with a legal order of the body exercising state fire supervision.
Part 13 of Article 19.5 Failure to comply on time with a legal order (resolution, presentation, decision) of the body (official) exercising state supervision (control)	fine - 5000-6000 rubles.	fine - 90,000 - 100,000 rubles.
Failure to comply within the prescribed period with a legal order of the body exercising state fire supervision at protection facilities where activities in the field of healthcare, education and social services are carried out.
Part 14 Article 19.5 Failure to comply on time with a legal order (resolution, presentation, decision) of the body (official) exercising state supervision (control)	fine - 15,000 - 20,000 rubles.	fine - 150,000 - 200,000 rubles.
Repeated commission of an administrative offense provided for in Part 12 or 13 of Article 19.5 of the Code of Administrative Offences.
Article 19.6 Failure to take measures to eliminate the causes and conditions that contributed to the commission of an administrative offense.	fine - 4000 - 5000 rubles.

Police checking the store

Powers of UEB and PKTU of the Ministry of Internal Affairs

The powers of the Department of Economic Security and Anti-Corruption and the actions of employees of the inspection body are regulated by the Law of April 18, 1991 No. 1026-1 “On the Police”. It is worth highlighting paragraphs 25 and 27 of Article 11.

According to these points, employees of the UEB and PKTU of the Ministry of Internal Affairs have the right to:

• carrying out an inspection of office premises (including production, warehouse, retail and others), premises in which property is stored;
• study of documents reflecting economic, entrepreneurial, financial, and trade activities;
• requesting copies of these documents, duly certified no more than five days from the date of delivery of the relevant resolution;
• requesting any data indicating signs of a crime;
• independently conducting inspections/audits of all types of activities of the enterprise, as well as initiating this type of inspection within a period not exceeding 30 days;
• storage of property that UEB and PC inspectors consider ownerless, in accordance with the established procedure, resolving the issue of further ownership of this property.

To summarize, it can be noted that the OBEP has more than enough powers to find out everything and even more about the company. Checks by UEB and PC employees are rightfully considered one of the most stringent.

What can serve as a basis for a police check?

There are three reasons that are likely to bring UEB and PC employees to the organization:

1. Untrustworthy partners. This type of inspection is quite difficult to predict. As a rule, OBEP employees have no complaints against the company itself, but one of the partners with whom the company works broke the law, thereby casting a “shadow” on those with whom he collaborates.
2. A sector classified as unreliable. In this case, a check may be triggered by a certain situation in the region, for example, “showdowns” in criminal circles or terrorist attacks.
3. Supplier/customer complaints. For example, if a buyer suspects that alcoholic beverages sold in a store are produced “in an artisanal way,” he may well write a statement to the Department of Economic Crimes, and security officers, in turn, will be required to respond to the received signal.

How does the administrative process work?

WEB and PC employees do not warn about their visits. Before starting the inspection, company employees must make sure that they are actually undergoing an OBEP inspection.

In addition to the obligation to state their names and positions, guests are also required to provide relevant documents. After confirming the identity of the inspectors, the director/acting director must be invited to the inspection site. director and representative of the organization's legal service.

These actions are necessary to ensure that representatives of the company exercise control over the inspection.

Employees of the company participating in the process must also fully introduce themselves and name their positions according to the staffing table.

Important to remember! It is strictly prohibited to actively resist employees of the inspection body; do not forget that OBEP employees are still operatives, so they may well use physical force and, in extreme cases, service weapons.

In the event that physical measures of influence were applied unilaterally by police officers, the company's employees will be able to defend their rights in court.

During an inspection, internal affairs officers also have the right to:

• Conducting a survey using cameras, voice recorders, a polygraph (lie detector), etc.;
• Making inquiries, studying documents of interest;
• Collection of samples for comparative research (blood samples, fingerprints, hair samples, handwriting, etc.);
• Carrying out test purchases (imaginary purchase and sale transactions);
• Carrying out secret surveillance of the actions of suspects;
• Inspection of buildings and premises;
• Carrying out controlled delivery;
• Control of postal items;
• Wiretapping phone calls.

What documents does a police officer have the right to check?

At the time of the inspection, UEB and PC employees can seize any documents that are of interest to the investigation.

At the time of seizure of documents, a representative of the regulatory authority is obliged to draw up a protocol of seizure. The protocol details all the seized documents, and their copies are certified by the operational officer and transferred to the employee from whom the documents were directly seized.

There are situations when it is impossible to make copies at the time of seizure; in this case, certified copies of documents are transferred to the person from whom they were seized within five days. All manipulations with documents must be recorded in the seizure protocol.

General supervision and control over how employers comply with the requirements of labor legislation is entrusted to the labor inspectorate (part one of article 353 of the Labor Code of the Russian Federation). However, in certain areas of activity, other government agencies can also check (part two of Article 353 of the Labor Code of the Russian Federation). These include Rostechnadzor, Rospotrebnadzor. The prosecutor's office stands apart among the inspectors.

Each control structure has its own terms of reference. For example, by studying how employers comply with occupational safety and health regulations, Labour Inspectorate Maybe:

• visit freely at any time of the day organizations of all organizational and legal forms and forms of ownership, employers – individuals;
• request from employers and their representatives and receive from them the necessary documents, explanations, and information free of charge;
• remove samples of used or processed materials and substances for analysis;
• investigate industrial accidents;
• present orders to employers and their representatives to eliminate violations of labor legislation;
• submit to the courts demands for the liquidation of enterprises or termination of the activities of their structural divisions;
• issue orders to remove from work employees who have not completed training in safe methods and techniques for performing work, instructions on labor protection, on-the-job training and testing of knowledge of labor protection requirements;
• prohibit the use of personal and collective protective equipment for workers if such means do not comply with mandatory technical requirements and labor protection requirements;
  draw up protocols and consider cases of administrative offenses.

Rostechnadzor given the right to check whether the requirements are met:

• nuclear, radiation, technical and fire safety (at nuclear energy facilities);
• industrial safety in the design, construction, operation, conservation and liquidation of hazardous production facilities, manufacturing, installation, commissioning, maintenance and repair technical devices, which are used at hazardous production facilities, transportation of hazardous substances at hazardous production facilities;
• safety in the electric power industry;
• safe conduct of work related to the use of subsoil;
• fire safety at underground facilities and during blasting operations;
• owners of hydraulic structures and operating organizations of the norms and regulations for the safety of hydraulic structures (with the exception of navigable hydraulic structures, as well as hydraulic structures, the powers to supervise which have been transferred to local governments);
• technical regulations in the established field of activity.

Rospotrebnadzor has the right to check how the requirements of legislation in the field of sanitary and epidemiological welfare of the population, as well as technical regulations, are met.

Prosecutor oversees the implementation of laws, including labor protection laws. He can:

• by presenting an official ID, freely enter the territories and premises of inspected organizations and enterprises, have access to their documents and materials, check the implementation of laws in connection with information received about violations;
• require managers and other officials to submit the necessary documents, materials, statistical and other information;
• demand that inspections be carried out on materials and citizens’ appeals received by the prosecutor’s office;
• call officials and citizens for explanations regarding violations of laws;
• make representations demanding that violations be eliminated;
• initiate an administrative case;
• go to court to protect the rights of workers or to force them to comply with the law;
• demand an inspection by other regulatory agencies, which are obliged to comply with the requirement immediately.

Despite the vague wording of the law, in reality the prosecutor's office has the greatest powers. However, it does not replace other control structures.

Trade union labor inspectors– these are authorized (trusted) persons for labor protection of trade unions. They also have the power to monitor how employers comply with labor laws. However, the scope of their broad powers is limited by the ability to inspect only those employers who employ members of a given trade union (Article 370 of the Labor Code of the Russian Federation).

Types and frequency of inspections

Scheduled checks

Planned events are carried out no more than once every three years. If the inspection is comprehensive, during the control, along with labor safety issues, they check the correctness of maintaining personnel documentation, local regulations, etc. If it is thematic, they deal only with labor safety.

Documentary verification is carried out by the inspectorate or other control agency. The inspectors send the employer a request containing a list of documents they are interested in. It cannot last more than 20 days, for small enterprises - 50 hours, and for micro-enterprises - 15 hours per year. If the requirement is not fulfilled within the established time frame, the documentary inspection may turn into an on-site inspection.

The on-site inspection is carried out on the employer's premises.

Unscheduled inspections

They have no periodicity. An unscheduled event is appointed when it is necessary to check whether the order of the labor inspectorate has been fulfilled (control check), or when a complaint has been received from an employee (target check). The basis may also be a message in the media or information from other sources that not everything is going well in the organization with labor safety rules, etc.

Warns

Vladimir PANIN,

General Director of Addaptic (Moscow)

Inspectors may appear on the doorstep of an organization without warning if the basis for their visit was an employee’s complaint about a violation of his rights

A complaint or message is considered a basis for control if it contains information:

• violation by the employer of the labor rights of employees;
• about the emergence of a threat of harm to the health and (or) life of workers, environment, as well as threats of man-made emergency situations;
• about harm to the health and (or) life of workers, the environment, as well as the occurrence of accidents and emergencies of a man-made nature.

An unscheduled inspection can be carried out in documentary and/or on-site form (clause 4 of Article 10 of Federal Law No. 294).

How is the verification carried out?

How is a scheduled inspection carried out?

A scheduled on-site inspection is preceded by a notification from the controlling structure. It must arrive at the enterprise at least three working days before the inspectors appear.

When inspectors appear at the doorstep of your organization, they are required to present their official identification and instructions for inspection. It must indicate:

download and print sample
download and print the template

If inspectors need to, they can bring in experts in a specific area of ​​expertise to conduct the inspection. Therefore, do not be surprised if a whole group of inspectors comes to you.

Warns

Timur ABLATYPOV,

Director of the certification and methodological company Quality Center LLC (Kazan)

As a rule, the inspection plan includes organizations that have problems with labor protection. The reason may be an accident.

How does an unscheduled inspection work?

An unscheduled inspection begins differently. Controllers are not always required to provide notice of their presence. Thus, notice at least 24 hours in advance must be sent to the employer if the event is held:

• based on materials received from the prosecutor's office;
• in order to check how the previously issued order has been fulfilled.

Inspectors do not warn about their appearance if the basis is a complaint from an employee about a violation of his rights or a report of a violation of labor protection requirements that threatens the life and health of workers. Nevertheless, the order of the head of the regulatory agency must be in the hands of the inspectors. Its absence is a gross violation of the inspection rules.

Documentary verification procedure

A documentary check begins with the enterprise receiving a notification from the Rostrudinspektsiya about the start of a control event. Along with it, the inspectors send a copy of their manager’s order and a reasoned request, which contains a list of documents required by the inspectors. Their list is determined based on the scope of the control activity.

The labor inspectorate has no right to demand documents that are not related to the subject of the inspection. The employer must, within 10 working days, send to the inspectorate copies of documents certified by the organization’s seal. If the request was received by an individual entrepreneur and he does not have a stamp, it is permissible to send copies without a stamp.

If the employer fails to meet the deadline set by law, he will face a fine of from 100 to 300 rubles for citizens, from 300 to 500 rubles for officials, and from 3000 to 5000 rubles for organizations (Article 19.7 of the Code of Administrative Offenses of the Russian Federation).

Within 20 working days, inspectors review received documents. If they find contradictions, errors, or the information provided is insufficient, they will demand written explanations from the employer. The employer is given another 10 working days to respond. If they are not satisfied with the explanations, the head of the territorial department of the Rostrudinspectorate will issue an appropriate order, and the documentary inspection will turn into an on-site inspection.

On-site inspection procedure

Arriving at the enterprise, inspectors will require you to provide a list of documents that are specified in their order for inspection. As a rule, inspectors request:

• certificate of state registration of a legal entity or individual entrepreneur;
• tax registration certificate;
• charter;
• lease agreement or certificate of ownership;
• employment contracts with employees;
• internal labor regulations;
• collective agreement;
• labor protection instructions;
• logs of labor safety briefings;
• regulations on the labor protection service;
• job responsibilities of the labor protection manager;
• order on the appointment of a person responsible for labor protection;
• workplace certification cards;
• plan of organizational and technical measures to improve working conditions and safety;
• cards for issuing personal protective equipment to employees;
• journals for the issuance of personal protective equipment;
• orders to provide additional leave (if there are harmful and dangerous factors of production).

Having received the required documents, the inspectors will carefully study them. Don't expect them to overlook minor flaws. Then the inspectors will definitely walk through the territory of the enterprise, see how labor safety rules are actually implemented, whether personal protective equipment is used, and whether the necessary information signs and posters are available. If an expert is involved in the event, air samples can be taken in work areas, measurements of light, noise, etc. can be taken. The most corrosive inspectors will ask workers whether they receive instructions and training on labor protection, talk about real working conditions, etc.

All identified deficiencies will be taken into account and reflected in the inspection report.

download and print sample
download and print the template

After the act has been drawn up, a copy of it has been handed over to the employer’s representative, the inspector makes an entry in the audit log of the legal entity or individual entrepreneur. This concludes the verification procedure.

Answers to your questions

Can a labor inspector remove the head of an organization from work?
During an inspection by the labor inspectorate, it was discovered that our head of the organization had not received training in labor safety. The inspector threatens to remove him from work. Can he do it?
Ivan KOZHEVNIKOV, responsible for labor protection (Volgograd)

No, he cannot remove himself. But he has the right to issue such an order to the employer. The reason may be that the manager has not undergone occupational safety training.

What actions will the inspector take if he discovers that the organization hid an accident?
At our enterprise, an employee received a minor injury. The manager insisted that the case not be investigated or reported because the employee refused to take sick leave. Now we have a labor safety inspection. If inspectors find out what happened, what will they do?
Taisiya VASILYEVA, HR department inspector, responsible for labor protection (Mozhaisk)

If the labor inspector becomes aware of this, he will conduct his own investigation. Having established that the accident actually occurred, he will fine those responsible for labor protection, and send the inspection materials to the prosecutor's office. Further proceedings may lead, at best, to the prosecutor issuing a warning; at worst, a criminal case may be initiated. In addition, the FSS of Russia will also not stand aside and will fine the employer in the amount from 5,000 to 10,000 rubles.

If inspectors find minor deficiencies in labor safety instructions, will they also be fined for this?
We were inspected by the labor inspectorate. No serious violations were found. Several shortcomings were identified in the content of labor safety instructions. Will there be a fine for this too?
Vasilisa DMITRIEVA, labor protection specialist (Zelenograd)

Not necessary. Inspectors will allow time to correct any deficiencies identified. To do this, they will issue an order and set a deadline for its implementation. If the requirement is not met, a fine is inevitable.

Hello! In this article we will talk about the checks that individual entrepreneurs may face.

Today you will learn:

• Which departments most often check the work of individual entrepreneurs;
• How to behave during an inspection and avoid a fine.

IP inspections in 2019

Individual entrepreneur without checks - is this possible?

Until 2016, individual entrepreneurs were under strict government supervision, and the fines imposed on small and medium-sized businesses were practically no different from those for the largest enterprises. Of course, this could not continue without public outrage.

Recently, changes have begun in the system of individual entrepreneur inspections. First of all, in February 2016, the Ministry of Economic Development put forward for discussion a proposal to replace the first with a warning.

It is also already in effect, which from January 2016 to the end of 2018 released most of the individual entrepreneurs on “test holidays”.

Most inspections are regulated by Federal Law No. 294.

The moratorium applied to all scheduled inspections of the Ministry of Labor, the Ministry of Natural Resources, the Prosecutor's Office and a number of other departments, which were previously carried out once every three years.

At the end of the year, legislators were concerned about extending its validity for another two years, adopting Law No. 480-FZ of December 25, 2018. Thus, small businesses and individual entrepreneurs received relief in the form of exemption from scheduled inspections for the period from January 1 2019 to December 31, 2020.

Grounds for inspections

IP inspections can be either planned, determined in advance, or unscheduled, for one of the possible reasons:

1. Expiration of the period assigned for correcting violations after the previous inspection.
2. Receipt of evidence or complaints to regulatory authorities about violations by the entrepreneur of the rights of consumers, employees and other norms.
3. Request of the prosecutor and order of the head of the supervisory authority.

But even about an unscheduled inspection, the entrepreneur must be notified no later than 24 hours in advance. The exception is emergency situations and cases where the individual entrepreneur is suspected of causing harm to the health of people, animals or the environment.

Inspection plan

The schedule of scheduled inspections can be found on the website of the Prosecutor General's Office. There you can find out about upcoming inspections by OGRNIP and other company details.

Not all companies are lucky enough to be exempt from scheduled inspections. Some were not excluded from the plan.

These include:

• Organizations in the fields of education and medicine;
• Companies in the social sector service;
• Audit firms;
• Residential building management companies;
• Objects of the first and second class of industrial and other safety.

Types of checks

Any inspections are divided into on-site and documentary. As is already clear from the name, in the first case, auditors personally visit the enterprise, in the second, they only request a package of documents for verification. One test may follow from another. For example, an inspector begins by checking documents, but having discovered controversial issues, declares his intention to visit the individual entrepreneur’s workplace.
We list the main authorities that carry out inspections of individual entrepreneurs:

• Inspectorate of the Federal Tax Service;
• , Rostransnadzor and Roszdravnadzor.

Regardless of the supervisory authority, the inspection usually begins with an inspection of all constituent documents, licenses and the results of previous inspections.

Tax audit

Governing law: Article 14 of the Tax Code of the Russian Federation.

Of particular interest to tax authorities are entrepreneurs who indicate too low wages employees or for a long time working at a loss.

It is prohibited to re-inspect an entrepreneur for the same tax for the same period.

A desk audit of taxes additionally controls the submitted reports. The inspectorate may request clarification for some data or confirmation of expenses. The audit lasts up to three months from the end of the reporting period. The auditor is given five days to correct errors that do not result in underpayment of taxes. If serious violations are discovered, the individual entrepreneur will be held accountable within ten days.

During an on-site tax audit, a more in-depth audit is carried out. Such an audit threatens only violators and tax evaders. Experts and witnesses may be additionally involved in the procedure, an inventory of premises and seizure of documents may be carried out.

The audit may last two months, or be extended to six in the following cases:

• The company has several separate divisions;
• Additional expertise is required;
• The individual entrepreneur violated the deadlines for issuing the required documents.

In addition to tax returns and financial statements, other documents are checked:

• Cash receipts;
• Bank statements;
• Confirmation .

A thorough check of income and expenses affecting the amount of tax paid is organized. that do not depend on actual profit are less likely to be subject to unscheduled tax audits. Therefore, individual entrepreneur inspections are less likely to result in fines.

A tax audit of a former individual entrepreneur is also permissible - within three years from the date of liquidation.

The audit can also be called final; its purpose is to identify inconsistencies and underpayment of taxes. This includes checking the debt that could remain with the entrepreneur.

Inspection by Rospotrebnadzor

Regulatory acts: “Regulations on the Federal Service for Supervision in the Sphere of Consumer Rights Protection” according to the Decree of the Government of the Russian Federation No. 322 of June 30, 2004.

All enterprises providing services or selling goods to the public are subject to inspection. The list of points to be checked is very wide.

Let's name the most popular:

• Signboard, price tags and price lists;
• Consumer corners;
• Lighting and ventilation in the room;
• Sanitary standards, availability of certificates of conformity for goods;
• Compliance with product expiration dates;
• When required, employees must have a dignity. books and uniforms.

Today, Rospotrebnadzor checks not only work with consumers, but also compliance with sanitary standards at the enterprise. Most often, such inspections visit grocery stores and catering establishments.

Labour Inspectorate

Rostrud monitors compliance with the rights of employees. Very often, the basis for an unscheduled inspection is employee complaints.

The following employers are also subject to strict supervision:

• Employing foreign citizens;
• Having minor workers;
• Paying too little wages.

All personnel documents are subject to verification:

• – their compliance with labor legislation, correctness of registration, availability of signatures;
• Work records of employees;
• and time sheets;
• Vacation schedules;
• Salary payment schedule.

Compliance with hiring standards is not difficult - just study carefully Labor Code RF.

Fire inspection

Inspectors from the Ministry of Emergency Situations check the fire safety documentation at the enterprise and the availability of fire fighting and fire prevention equipment.

The documents most in demand for verification are:

• Orders from the manager to turn off equipment at the end of the shift, to establish smoking areas;
• Order on the frequency of fire safety training for employees and training logs;
• Evacuation plans.

In the premises, the fire on-site inspection checks:

• Compliance with the evacuation plan and the actual configuration of the building;
• Availability, location and accessibility of emergency exits;
• Materials for finishing walls, floors, ceilings, condition of bars on windows;
• The number and location of fire extinguishers and other fire fighting equipment;
• For rooms in which there are more than ten people - the state of the fire warning system.

It is important to remember that a fine from the fire inspectorate is not as bad as the damage from a fire that occurs due to a violation of standards.

Inspection by Rostechnadzor

The Rostechnadzor inspection issues licenses and inspects many types of activities that involve the use of natural resources and interact with hazardous production facilities (design, installation, transportation, and so on).

Subject of inspection: compliance with legal requirements in the field of industrial safety.

All possible violations, as a rule, are eliminated by the entrepreneur before obtaining a license, and for further checks it is enough to maintain compliance with all requirements.

Prosecutor's check

The inspection by the prosecutor's office is carried out solely on the basis of information about violations of individual entrepreneurs that do not fall under the control of another government body. If this is possible, the prosecutor's office is obliged to delegate the powers of the inspector to another agency; in other cases, it can conduct the inspection independently.

Without information about violations received from citizens, other legal entities or the media, the prosecutor's office cannot initiate an inspection. Therefore, entrepreneurs who do not break the law should not be afraid of it.

The prosecutor checks the authenticity of the complaint against the individual entrepreneur and, if the violation is confirmed, depending on its severity, the individual entrepreneur may be issued an order to correct the situation or a lawsuit may be initiated.

How to avoid a fine

Of course, the surest way to avoid a fine after checking is not to break the law. It is quite difficult, but still possible, to run a business in compliance with all legal regulations.

The first step is to study the laws. The most common fines imposed on entrepreneurs based on the results of state inspections are collected in Chapter 14 of the Administrative Code of the Russian Federation.

The Criminal Code should also not be overlooked. For example, under Article 199 you can get up to 6 years in prison for tax evasion.

What should an entrepreneur do during an inspection?

It’s good if the enterprise has a strict access control regime - this way inspectors will not be able to start an on-site inspection without the presence of the manager. In other situations you should be careful.

By law, an on-site inspection must be carried out in the presence of the entrepreneur or his deputy, but in practice it happens that the inspection encounters violations as soon as it enters the organization’s territory. Even conversations between employees on the porch can be used against the person being tested.

In this regard, the entrepreneur must:

• Organize a security system in advance;
• Instruct employees on the rules of communication with inspectors - only in the presence of the manager.

An on-site inspection in the absence of a responsible person is possible only in emergency situations, in cases of harm to the health of citizens or animals.

Before the inspection begins an on-site inspection, the entrepreneur needs to check the following:

1. Familiarize yourself with the certificates of the inspectors (the data can be rewritten just in case).
2. Accept against signature and study a copy of the inspection order. It must indicate the purposes of the inspection, types of control measures, the composition of the inspection commission, the date of the inspection and other conditions.

If all the documents are correct, you should not interfere with the verification, as this may result in an additional fine.

If the inspection is carried out as part of a criminal case, the person being inspected has the right not to answer questions until his lawyer arrives and not to sign documents (even the inspection report).

The person being inspected is obliged to provide inspectors with access to all documents and premises related to the subject of the inspection.

An audit log is created at the enterprise at the request of the manager. Its presence will help control the frequency of checks and many other factors.

Checking act

The result of the inspection is an act that records all the activities carried out and the violations detected. The entrepreneur’s signature on the act means his agreement with everything that is described there.

The individual entrepreneur has the right to add his objections to the inspection report.

Including justified objections to the act increases the entrepreneur’s chances of appealing the results of the inspection. Therefore, before signing the deed, you must study it carefully.

The presence of a lawyer during the inspection provides an additional guarantee that all rights of the individual entrepreneur are observed.

If the verification procedure is violated

Any audit of a business is carried out by people, and all people, as we know, can sometimes make mistakes. A slight deviation from the inspection procedure established by law can play into the hands of a businessman - the results of such an inspection can be challenged.

An inspection may be considered illegal if:

• Scheduled inspections are carried out more often than once every three years;
• The scheduled inspection was not in the official schedule on the prosecutor's office website;
• The inspection deadlines specified in the order have been violated or its maximum duration has been exceeded;
• The inspectors did not present an order to conduct an inspection (or there was none at all);
• The auditors demanded the provision of documents or samples that were not related to the subject of the audit;
• At the end of the inspection, no report was provided.

How to dispute results

Do not be afraid to go to court to challenge the results of an inspection carried out with violations.

First of all, your comments must be included in the inspection report. This will greatly help put the court on your side.

You can submit an application to the arbitration court within three months from the date of the violation.

The application shall indicate:

• Details of the plaintiff;
• Name and address of the defendant;
• Requirements supported by references to regulations and laws;
• Materials proving the fact of violation (expert reports, witness statements, video and audio recordings of the inspection process).

Statistics show that more and more lawsuits end in favor of entrepreneurs. Through the court, you can not only invalidate the results of the inspection and issued fines, but also receive compensation.

Also, an entrepreneur who is dissatisfied with the actions of the inspector has every right to file a complaint against him to a superior manager. The complaint must be written in two copies, be sure to indicate the address for the response letter and take the document to the institution that conducted the inspection. One copy with the secretary's mark of receipt remains with the applicant. If after ten days there is still no response, you can appeal to the arbitration court.

Hello! Today we will talk about Rospotrebnadzor inspections: who should expect them, how to prepare and what to pay attention to at each stage of the inspection.

Types of checks

Rospotrebnadzor inspections come in several types:

1. Planned, carried out every 3 years on the basis of a schedule drawn up for the year. You can view the plan on the official website. It describes when, who and what will be checked. The entrepreneur will be informed about the start of a scheduled inspection at least three days before it begins. The notice may be sent by mail or delivered in person. In 2017-2018 small businesswas releasedfrom scheduled inspections.Exception: organizations in the fields of healthcare, education, public events. The full list is in Law N 294-FZ. As for 2019, legislators, at the end of 2018, extended the period of “test holidays” for another two years, until December 31, 2020 (see Law No. 480-FZ of December 25, 2018). The exceptions remain the same.
2. Unscheduled. These include monitoring the implementation of instructions to eliminate violations and inspections based on complaints and other information from citizens. Not every request can be a reason for an unscheduled inspection. For example, an applicant will be refused if real cases violations, or if they are declared anonymously. Moreover, an unscheduled inspection by Rospotrebnadzor must be approved by the prosecutor's office. The entrepreneur is informed about an unscheduled inspection one day before it begins (exception: food-related industries - an unscheduled inspection may come to them without warning). In emergency cases, when there is a threat to the health of people or animals, permission from the prosecutor's office and notification of the person being inspected are not required.
3. Visiting and documentary. Depending on whether the inspector will personally come to the enterprise, or will only request a package of documents for inspection.

Who can be checked

The wider the scope of control of the inspection body, the more organizations risk falling under its inspection. In this regard, Rospotrebnadzor is among the leaders. Almost any enterprise can be inspected, but most often companies that work closely with the public, that is, with consumers, in the service sector, trade, and education are inspected.

Simply put, Rospotrebnadzor controls any activity that involves consumer relations.

What they check

Rospotrebnadzor carries out many functions; its inspections bring together specialists from various fields. Today, the control powers of the SanEpidemStation have been completely transferred to him.

For example, under the control of Rospotrebnadzor are:

1. Compliance with consumer protection laws;
2. Sanitary and epidemiological situation;
3. Certification of workers in a number of areas (dealing with food);
4. Social and hygienic audit;
5. Compliance with legislation on energy saving and increasing energy efficiency.

Many Rospotrebnadzor inspections are unscheduled and initiated as a result of complaints from the public (for example, about loud music in an establishment or about garbage storage).

After receiving complaints, the territorial department of Rospotrebnadzor can initiate an inspection:

1. Registration of labor relations with employees;
2. Qualifications and certification of employees, availability of health certificates;
3. Certificates for goods;
4. Cash register machines in trade;
5. Product quality (sample examination);
6. Compliance of premises with standards ( visual inspection and measurements).

What documents are checked?

During the inspection, Rospotrebnadzor inspectors pay attention to the presence and correct execution of the following documents:

1. Constituent documents (,);
2. Employee health records (if required);
3. Production control program (how temperature and lighting in the premises are controlled, how often clothes are washed and cleaned);
4. Licenses to carry out activities;
5. Signs;
6. Consumer corners;
7. Price lists, catalogs, menus;
8. Documents for the right to own or lease premises;
9. Agreements with third-party organizations providing waste removal and disposal services, disinfection, etc.;
10. Logs of sanitary and epidemiological inspections;
11. Logbook for disinfection products (this must be registered in advance).

How is the Rospotrebnadzor inspection carried out?

Scheduled inspections usually begin with an audit of the package of documents. Rospotrebnadzor requests a package of documents from the inspected entrepreneur. The request must be accompanied by a certified copy of the inspection order.

Since 2016, the inspector cannot demand documents and any information located in state registers (what they can check on their own, for example: TIN).

Copies of documents signed by the person being inspected must be provided within ten working days from the date of receipt of the request.

If the requested document relates to the subject of the audit and is not in the state information system, then it is impossible to avoid providing it. Otherwise, the entrepreneur faces an administrative fine.

The first important stage of an on-site inspection is the inspector presenting his personal identification and an order to conduct an inspection, which indicates who, when, whom, on what basis and how will be inspected.

The result of the inspection is an act (or conclusion), which lists the detected violations and instructions for further actions to eliminate them. One copy of the conclusion remains with the inspector, the second is given to the verified entrepreneur.

The following information must be included:

1. When and where the conclusion was drawn up;
2. Which body carried out control activities, which experts directly participated in the audit;
3. Details of the order to begin the inspection;
4. Information about the company being inspected, information about its manager (or representative) who was present during the inspection;
5. Start and end date of the audit;
6. What violations were discovered;
7. Confirmation by the head of the company of familiarization with the act (instead of confirmation, you can immediately write a refusal of the conclusion indicating the reasons);
8. A note about making a record of the inspection in the log book (or about the reasons why this was not done);
9. Signatures of all specialists who took part in the inspection.

The inspector leaves his mark in the inspection log.

Recorded:

1. Which authority carried out the inspection;
2. Data from all experts participating in the inspection;
3. When did the inspection take place, how long did it last;
4. Reasons for verification, goals and objectives of the study;
5. List of detected violations;
6. Details of the conclusion drawn up based on the results of the inspection.

You can appeal the conclusion within three months from the date of receipt of the instructions. The complaint can be sent directly to the court or to a higher structure of the inspection body. The document must indicate what mistakes the inspectors made.

Based on the results of an inspection that reveals violations, an inspector from Rospotrebnadzor can:

1. Draw up mandatory instructions;
2. To fine;
3. Suspend the operation of the enterprise until the violations are corrected;
4. Bring the case to court (for example, on suspicion of the company’s involvement in a mass disease of the population).

Violations by the inspectorate

The law also sets its own limits for inspectors from Rospotrebnadzor.

The inspected entrepreneur is obliged to know about them and monitor the implementation of:

1. A scheduled inspection will not be recognized as legitimate if it took place without the presence of officials or representatives of the legal entity being inspected. Its results can be easily appealed. An exception is possible only if information has been received about violations that pose a threat to the health of people or animals, or state security;
2. Inspectors do not have the right to take original documents or request data or products not related to the subject of the inspection;
3. Verification deadlines must be met;
4. The inspector can take samples for analysis only in accordance with established standards and with the mandatory drawing up of relevant acts;
5. The inspector does not have the right to issue orders to carry out any control measures at the expense of the person being inspected;
6. Any inspection results are considered a secret protected by law, and inspectors have no right to disclose it;
7. The inspector cannot demand payment for the inspection or individual control activities.

Deadlines for Rospotrebnadzor inspections

According to the law, an inspection can last a maximum of 20 days, but there are exceptions when, by order of Rospotrebnadzor, the period is extended. The entrepreneur will be notified of the extension of the inspection. Although the procedure for this notification is not prescribed by law.

However, in a situation where a documentary inspection was initially carried out, but then it turned into an on-site inspection, the total period will be 40 days.

The maximum duration of an on-site inspection at a small enterprise is 50 hours per year, and at a micro-enterprise - 15 hours.

The scheduled on-site inspection is extended if complex studies are required. The maximum extension period is 20 working days.

The expert conducting the inspection has the right to put forward a proposal for an extension, but it must be approved by the person who previously signed the order to conduct the inspection. Only chief state sanitary doctors can extend the timing of inspections of small and micro-enterprises.

Fines from Rospotrebnadzor

The responsibility of an entrepreneur for violations and errors that an inspection by Rospotrebnadzor may reveal is:

1. Disciplinary;
2. Administrative;
3. Civil law;
4. Criminal (for example, selling alcohol to children, illegal business, trafficking in counterfeit medicines).

The most common type of liability to Rospotrebnadzor is still administrative. Rospotrebnadzor fines range on average from 20,000 to 200,000 rubles.

Also, the company's activities may be suspended to eliminate violations. For any failure to comply with the instructions of the inspectorate, the violator will be held administratively liable.

For example, the following violations are considered administrative:

1. Failure to comply with sanitary and hygienic measures;
2. Sales of goods (services) whose quality does not comply with the law;
3. Violation of the procedure for using cash register machines;
4. Refusal to issue a check, receipt or other document confirming payment for services to a client;
5. Deceiving customers (for example, body kit);
6. Refusal to provide the consumer with information about the product or misrepresentation.

The most common fines of Rospotrebnadzor:

Violation	Fine
Violation of sanitary requirements	5-10, or suspension of work for three months
Failure to comply with standards for the use of non-residential premises	10-20 minimum wages
Violation resulting in the spread of an infectious disease	100-200 minimum wage and possibly imprisonment
Lack of a logbook for disinfection products	20,000 rubles
Failure to comply with previously issued instructions	10000-20000 rubles

You can appeal against administrative liability within 10 days.

How to prepare for a Rospotrebnadzor inspection

The most reliable, but not cheap way Prepare for the inspection - seek help from specialists. Many companies offer their services for consulting, collecting documents and organizing sanitary measures.

It is almost impossible to put all your activities in order on your own and in a short period of time. Therefore, the best decision is to conduct your business in such a way that an expert who comes at any moment has nothing to complain about.

Always keep employee health records and product certificates in order, observe the terms and conditions of storage of goods, carry out cleaning and disinfection on time, monitor signboards, price tags and the consumer corner.

To check yourself, check out the list of the most common violations.

Common Disorders

Let's look at the most common violations that Rospotrebnadzor detects in beauty salons, medical centers, pharmacies, cafes and shops.

Violations of beauty salons and hairdressing salons:

1. There is no required triple tool kit;
2. There are no ultraviolet lamps and no accounting of their operation;
3. Violation of the rules for processing tools;
4. There are no markings on disinfectants and other products;
5. There are no separate areas for manicure and pedicure;
6. No foot bath;
7. There is no special area designated for garbage or dirty laundry;
8. Unsatisfactory sanitary condition of the premises;
9. Employees did not undergo medical examination;
10. There is no sign at the entrance.

Pharmacy violations:

1. Non-compliance with SanPin requirements for temperature and humidity levels in the room;
2. Violation of conditions and shelf life of medicines;
3. Failure to comply with the washing regime for workwear;
4. Employees did not undergo medical examination;
5. Clients do not have access to information about medications (composition, price, contraindications).

Violations in public catering:

1. No required ventilation premises;
2. Finished products are stored next to semi-finished products, and dirty dishes are stored next to clean ones;
3. Acceptance and sale of products without accompanying documents confirming their quality and safety;
4. Failure to comply with expiration dates and food processing rules;
5. Employees are allowed to work without a medical examination;
6. There are no markings on cutting tools;
7. There is no hygienic (convenient for sanitation) coating on the working surfaces;
8. There are no staff or tools for complete cleaning.

Violations of retail outlets:

1. Failure to comply with sanitary and technical requirements for premises;
2. Temperature and humidity in warehouses are not measured;
3. Storing products in places not intended for this purpose;
4. The products do not have markings that comply with the standards;
5. There are no examination protocols, the frequency and scope of examinations are not observed;
6. There is no complete information on the price tags.

How to behave during an inspection

Regardless of whether the inspection came to you as planned or unscheduled, do not panic, but try to follow our advice:

1. Invite a lawyer. Notify other employees about the arrival of the inspection;
2. Ask the inspectors to present their identification and an order to begin the inspection. Carefully check the documents for consistency of names, titles and dates;
3. Study the inspection order (action plan, list of required documents), make sure that the inspection does not go beyond the specified scope;
4. Ask the inspectors to sign the control log;
5. After the inspection, carefully read the results recorded in the inspection report.

The powers to control the activities of enterprises by the Ministry of Internal Affairs of the Russian Federation are defined in Federal Law No. 1026-1 (dated April 18, 1991) “On the Police.”

The police, in accordance with the tasks assigned to it, are obliged to: prevent and suppress crimes and administrative offenses; identify circumstances conducive to their commission; take measures to eliminate these circumstances; providing assistance to individuals and legal entities in protecting their rights and legitimate interests within the limits established by this law.

In accordance with Article 11 of the Federal Law “On the Police”, in order to fulfill the duties assigned to them, police officers are given the right to:

• check permissions (licenses) from individuals and legal entities to perform certain actions or engage in certain activities, control over which is entrusted to the police in accordance with the legislation of the Russian Federation;
• receive from citizens and officials the necessary explanations, information, certificates, documents and copies of them;
• contribute in accordance with the law to government bodies, organizations and public associations are required to consider submissions and proposals to eliminate circumstances conducive to the commission of offenses;
• carry out records of individuals and legal entities, objects and facts provided for by law and use the data from these records; use to document your activities Information Systems, video and audio equipment, film and photographic equipment, as well as other technical and special means that do not cause harm to life, human health and the environment;
• carry out operational investigative activities in accordance with federal law;
• enter freely the residential and other premises of citizens that belong to them land, into the territory and premises occupied by organizations, and inspect them when pursuing persons suspected of committing crimes, or if there is sufficient information to believe that a crime has been or is being committed there, an accident has occurred, as well as to ensure the personal safety of citizens and public safety in case of natural disasters, catastrophes, accidents, epidemics, epizootics and riots.
• exercise the powers of the licensing authority in accordance with the legislation of the Russian Federation;
• use freely for official purposes means of communication belonging to organizations, public associations and citizens;
• receive information free of charge from organizations and citizens, except for cases when the law establishes a special procedure for obtaining relevant information;
• participate in the manner prescribed by the legislation of the Russian Federation on taxes and fees, in tax audits at the request of tax authorities;
• in accordance with the legislation of the Russian Federation, receive information constituting a tax secret;

But a police officer can use these rights only when performing his duties within the limits of his competence and in accordance with his position.

Carrying out scheduled and unscheduled inspections cannot be carried out at the personal discretion of police officers, but must be conditioned by sufficient data on existing offenses (complaints and statements of citizens, materials of operational investigative activities, direct detection by police officers of signs of an offense or crime). Otherwise, intrusion into the premises in which production, commercial or other activities are carried out may lead to a significant violation of the rights and freedoms guaranteed by law. Therefore, the entrepreneur needs to politely find out on what basis the check is being carried out.

When exercising control in the consumer market, including when checking specific facts of offenses, a police officer must officially introduce himself to the person who violated the rules of trade (seller) and invite him to invite a representative of the administration (if there is one). Once the inspection begins, the trading activities of the inspected enterprise cease.

Trade establishments may maintain an audit trail in which inspectors record the results of the inspection. The administration of the enterprise is obliged to assist the inspectors in conducting inspections and take measures to eliminate shortcomings and violations. ABOUT measures taken the administration informs the supervisory authority.

When checking compliance with trade rules, special attention is paid to the availability and accuracy of the following documents:

1. for the right to carry out trade operations (copies of registration certificate, trade permit, patent, statutory documents);
2. copies of licenses for the sale of licensed goods subject to excise taxes;
3. documents confirming the safety and quality of the goods (certificates of conformity, conclusions of the sanitary and epidemiological service, conclusion of the state supervision on the suitability of the premises for use);
4. internal receipt documents;
5. price tags for goods sold;
6. sanitary books of sellers (if trade in food products, perfumery cosmetics, hygiene products is carried out);
7. cash book;
8. books of reviews and suggestions;
9. books of income and expenses.

An external inspection of goods is also carried out to determine whether they comply with their shelf life, the condition of weighing and other control devices is checked (marking of weights, integrity of seals), and the sanitary condition of the trade object.

Police officers (in particular, the department for combating economic crimes) have the right to check the cash register (if there is no cash register, count and record the cash in the cash register). An act regarding this is drawn up, which reflects (in bills) the amount of money in the cash register. The cash register tape is removed, on which the financially responsible person puts his signature (at the beginning and end of the tape). The amount of control prints is compared with the amount of cash, which is recorded in the act. Canceled cash receipts (packed in a sealed plastic bag).

At the same time, it is necessary to take into account the changes made to the Federal Law “On the Police” and Federal Law “On Operational-Investigative Activities” by Federal Law No. 293-FZ of December 26, 2008.

Now, without a decision to conduct a joint inspection with the internal affairs bodies or without a court decision (which was previously allowed by a reasoned decision of the head of the internal affairs agency), it is impossible to:

• inspect production, warehouse, retail and other office premises, other places of storage and use of property;
• carry out inspections of vehicles;
• study documents reflecting financial, economic, entrepreneurial and trade activities, demand the provision of duly certified copies of these documents within five days from the date of delivery of the relevant resolution;
• seize individual samples of raw materials, products and goods necessary for conducting research or examinations;
• require mandatory inspections and audits of financial, economic, entrepreneurial and trade activities, as well as independently carry out such inspections and audits within the specified time frame, and confiscate documents during inspections and audits

Also, now the official who seized the documents (or other items of significance) is obliged to draw up an appropriate protocol and, in accordance with the now general rule, issue a certified copy of the seized documents.

(On March 1, 2011, Federal Law dated 02/07/2011 N 3-FZ “On Police”)

Customs

The powers of the Federal Customs Service for control are defined in the Customs Code of the Russian Federation dated May 28, 2003 No. 61-FZ.

According to Art. 366 of the Customs Code, customs control is carried out in the following forms:

1. verification of documents and information;
2. oral survey;
3. receiving clarifications;
4. customs surveillance;
5. customs inspection of goods and vehicles;
6. customs inspection of goods and vehicles;
7. Personal inspection;
8. checking the marking of goods with special marks and the presence of identification marks on them;
9. inspection of premises and territories for customs control purposes;
10. customs audit.

When choosing customs control formats, a risk management system is used, approved by Order of the State Customs Committee of the Russian Federation No. 1069 (dated September 26, 2003).

For the purposes of customs control, customs control zones are created. Customs control zones can be created along the customs border, in places of customs clearance, customs operations, in places of transshipment of goods, their inspection and inspection, in places of temporary storage, parking of vehicles transporting goods under customs control goods, and in other places determined in accordance with this Code. They can be permanent in cases where they regularly contain goods subject to customs control, or temporary.

Carrying out production and other commercial activities, moving goods, vehicles, persons, including officials of other government bodies, across the borders of customs control zones and within their limits are permitted with the permission of customs authorities and under their supervision, except for cases established by the Customs Code of the Russian Federation and other federal laws.

Inspection of goods can only be carried out in customs control zones and checkpoints across the state border of the Russian Federation.

Persons moving goods and vehicles across the customs border, customs brokers (representatives), owners of temporary storage warehouses, owners of customs warehouses and customs carriers are required to submit for customs control to the customs authorities documents and information, the submission of which is provided in accordance with the Customs Code of the Russian Federation.

The customs authority requests documents and information necessary for customs control in writing and sets a deadline for their submission, which should be sufficient for this. Upon a reasoned request from a person, the specified period is extended by the customs authority for the time necessary to submit the specified documents and information.

To carry out customs control, customs authorities have the right to receive from banks and other credit organizations certificates about the operations of persons moving goods and vehicles across the customs border related to foreign economic activity and the payment of customs duties, as well as certificates about the operations of customs brokers, owners of temporary storage warehouses, owners customs warehouses and customs carriers.

In order to verify the accuracy of information after the release of goods, customs authorities have the right to request and receive commercial documents, accounting and reporting documents and other information, including in the form of electronic documents, related to foreign economic transactions with these goods, and in relation to goods imported into customs territory of the Russian Federation, - also to subsequent transactions with these goods, with the declarant or other person related to transactions with goods.

Customs authorities have the right to receive from authorities that register legal entities and other authorities the information they need to carry out customs control.

Documents required for customs control must be kept by persons for at least three calendar years after the year during which the goods lose their status under customs control. Customs brokers (representatives), owners of temporary storage warehouses, owners of customs warehouses and customs carriers must store documents for five calendar years after the year during which customs operations were carried out.

Tax authorities

The procedure for exercising tax control is regulated by Chapter 14 of the Tax Code of the Russian Federation. This control is carried out by tax officials through desk and on-site inspections (including on-site inspections with the participation of internal affairs bodies).

The main inspection body is the Federal Tax Service and its territorial bodies. At the same time, tax audits in general or audits of certain aspects of tax relations (control actions) have the right to be carried out by the Accounts Chamber, the Federal Service for Economic and Tax Crimes of the Ministry of Internal Affairs of Russia, the Federal Customs Service, the Federal Bailiff Service, the Federal Insurance Supervision Service, the Federal Financial Service -budgetary supervision, Federal Service for Financial Monitoring, Federal Treasury, Bank of Russia.

The subject of inspections are various manifestations of tax relations: legality, reliability, completeness, timeliness, validity, appropriateness, efficiency, optimality, etc.

When conducting tax audits, the following methods (procedural actions) are widely used:

• obtaining explanations from taxpayers;
• checking accounting and reporting data;
• inspection of premises and territories used to generate income;
• requesting documents;
• seizure of documents and objects;
• involvement of specialists, experts, translators, witnesses and witnesses;
• property inventory.

At the same time, tax authorities are required to carry out a number of other control actions and inspections that are not directly related to the legislation on taxes and fees:

• carry out state registration of legal entities and individual entrepreneurs;
• carry out inspections in the areas of production and circulation of alcohol and tobacco products;
• carry out inspections of compliance with legislation on cash register equipment;
• carry out inspections of compliance with bankruptcy laws, etc.

The totality of these checks constitutes, in the broadest sense, the concept of checks carried out by tax authorities.

Tax authorities have great rights when carrying out control activities: to apply restrictive, precautionary and prophylactic measures, as well as sanctions aimed at preventing and (or) eliminating the consequences caused by violation of mandatory requirements by legal entities and individuals.

Tax authorities have the right:

• require from the payer documents that serve as the basis for the calculation and payment of taxes and fees, as well as confirming the correctness of calculation and timely payment;
• conduct tax audits;
• seize documents during inspections in cases where there are reasonable grounds to believe that these documents will be destroyed, hidden, altered or replaced;
• summon, on the basis of a written notification, payers to give explanations in connection with their payment of taxes and fees or in connection with a tax audit;
• suspend transactions on the payer's bank accounts and seize his property;
• inspect any premises and territories used by the payer to generate income or related to the maintenance of taxable objects, and conduct an inventory of his property;
• determine the amount of taxes payable by calculation based on available information about the payer, as well as data on other similar payers in cases of the payer’s refusal to allow tax authority officials to inspect the premises and territories, or failure to submit to the tax authority for more than two months the taxes necessary for the calculation documents, lack of accounting of income and expenses, accounting of taxable objects or keeping records in violation of the established procedure, which led to the impossibility of calculating taxes;
• require payers to eliminate identified violations;
• collect arrears, as well as penalties and fines;
• demand from banks documents confirming the fact of debiting the amounts of taxes, fees, penalties and fines from the payer’s accounts and correspondent bank accounts and transferring these amounts to the budget;
• attract specialists, experts and translators to carry out tax control;
• call witnesses;
• submit petitions for cancellation or suspension of licenses;
• send materials to the internal affairs bodies within 10 days to resolve the issue of initiating a criminal case, if within two months from the date of expiration of the deadline for fulfilling the requirement to pay the tax, the payer has not fully repaid the arrears specified in this requirement, the size of which suggests the fact of a tax crime.

At the same time, when exercising tax control, the collection, storage, use and dissemination of information about a taxpayer (fee payer, tax agent) obtained in violation of the provisions of the Constitution of the Russian Federation, this Code, federal laws, as well as in violation of the principle of security of information that constitutes professional secrecy of other persons, in particular attorney-client secrecy, audit secrecy.

Rostechnadzor

According to paragraphs. 5.3 Provisions on Federal service on environmental, technological and nuclear supervision, approved by Decree of the Government of the Russian Federation No. 401 of July 30, 2004, Rostekhnadzor exercises control and supervision in the following areas::

1. Compliance with industrial safety requirements during the design, construction, operation, conservation and liquidation of hazardous production facilities, manufacturing, installation, adjustment, maintenance and repair of technical devices used at hazardous production facilities, transportation of hazardous substances at hazardous production facilities;
2. Ensuring compliance, within its competence, with safety requirements in the electric power industry ( technical control and supervision in the electric power industry);
3. Compliance with fire safety requirements at underground facilities and during blasting operations.

According to clause 6 of the said Regulations, in order to exercise powers in the established field of activity, Rostechnadzor has the right:

1. request and receive, in the prescribed manner, information necessary for making decisions on issues within the competence of the Service;
2. carry out, within its competence, the necessary investigations, organize the necessary studies, tests, examinations, analyzes and assessments, as well as scientific research on the issues of control and supervision in the established field of activity;
3. provide legal entities and individuals with explanations on issues within the competence of the Service;
4. apply restrictive, precautionary and prophylactic measures provided for by the legislation of the Russian Federation, aimed at preventing and (or) suppressing violations by legal entities and citizens of mandatory requirements in the established field of activity, as well as measures to eliminate the consequences of these violations.

Fire supervision

The general legal, economic and social foundations for ensuring fire safety are defined in Federal Law No. 69-FZ (dated December 21, 1994) “On Fire Safety”, which regulates relations between government bodies, local governments, enterprises, institutions, organizations, independent on their organizational and legal forms and forms of ownership.

According to Art. 6 of this law, state fire supervision authorities, when carrying out supervisory activities, have the right, inter alia:

• organize the development, approve independently or jointly with federal executive authorities mandatory for execution regulations on fire safety, as well as regulatory documents regulating the procedure for the development, production and operation of fire-technical products;
• conduct surveys and inspections of territories, buildings, structures, premises of organizations and other facilities, including during non-working hours, in order to monitor compliance with fire safety requirements and suppress their violations;
• enter freely, in the manner established by the legislation of the Russian Federation, into residential and other premises and land plots of citizens if there is reliable information about a violation of fire safety requirements that creates a threat of fire and (or) the safety of people;
• give heads of organizations, officials and citizens mandatory instructions to eliminate violations of fire safety requirements, ensure fire safety of goods (work, services), discontinue production, cease production and suspend the sale of goods (work, services) that do not meet fire safety requirements ;
• carry out investigations in cases of fires and cases of violations of fire safety requirements in accordance with current legislation;
• call officials and citizens to the management bodies and departments of state fire supervision regarding cases and materials about fires that are in progress, receive from them the necessary explanations, certificates, documents and copies from them;
• impose, in accordance with current legislation, administrative penalties on citizens and legal entities, including manufacturers (performers, sellers), for violation of fire safety requirements, as well as for other offenses in the field of fire safety, including evasion or untimely execution of regulations and resolutions of state fire inspection officials.

Article 37 of the Federal Law “On Fire Safety” defines the basic rights of heads of organizations in the field of fire safety.

Heads of organizations have the right:

• create, reorganize and liquidate in the prescribed manner fire departments, which they maintain at their own expense;
• make proposals to state authorities and local governments to ensure fire safety;
• carry out work to establish the causes and circumstances of fires that occurred at enterprises;
• establish measures of social and economic incentives to ensure fire safety;
• receive information on fire safety issues, including in the prescribed manner from management bodies and fire departments.

Heads of organizations are obliged to:

• comply with fire safety requirements, as well as comply with orders, regulations and other legal requirements of fire officials;
• develop and implement measures to ensure fire safety;
• conduct fire prevention propaganda, as well as train their employees in fire safety measures;
• include fire safety issues in the collective agreement (agreement);
• maintain fire protection systems and means, including primary fire extinguishing means, in good condition, and prevent their use for other purposes;
• provide assistance to fire protection in extinguishing fires, establishing the causes and conditions of their occurrence and development, as well as in identifying persons guilty of violating fire safety requirements and causing fires;
• provide, in accordance with the established procedure, the necessary forces and means when extinguishing fires on the territories of enterprises;
• provide access to fire officials when performing their official duties on the territory, buildings, structures and other facilities of enterprises;
• provide, at the request of state fire supervision officials, information and documents on the state of fire safety at enterprises, including the fire hazard of the products they produce, as well as fires that occurred on their territories and their consequences;
• immediately report to the fire department about fires, malfunctions of existing systems and fire protection equipment, changes in the condition of roads and passages;
• promote the activities of volunteer firefighters;
• ensure the creation and maintenance of fire protection units at facilities included in the list of facilities approved by the Government of the Russian Federation that are critical to the national security of the country, other particularly important fire-hazardous facilities, particularly valuable cultural heritage sites of the peoples of the Russian Federation, at which fire protection is mandatory ( with the exception of facilities where facility, special and military units of the federal fire service are created).

Heads of organizations directly manage the fire safety system within their competence at subordinate facilities and bear personal responsibility for compliance with fire safety requirements.

Rospotrebnadzor

According to clause 1 of the Regulations on the Federal Service for Supervision of Consumer Rights Protection and Human Welfare (Rospotrebnadzor), approved by Decree of the Government of the Russian Federation No. 322 (dated June 30, 2004), this service is an authorized federal executive body exercising control functions and supervision in the field of ensuring the sanitary and epidemiological well-being of the population, protecting consumer rights and the consumer market.

In accordance with clause 5 of the said Regulations, Rospotrebnadzor exercises the following powers:

1) 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 well-being of the population, protecting consumer rights and in the field of the consumer market, including:

• state sanitary and epidemiological supervision over compliance with sanitary legislation;
• state control over compliance with laws and other regulatory legal acts of the Russian Federation regulating relations in the field of consumer rights protection;
• control over compliance with the rules for the sale of certain types of goods provided for by law, performance of work, provision of services;
• sanitary and quarantine control at checkpoints across the state border of the Russian Federation;
• state supervision and control over the quality and safety of flour, pasta and bakery products during the procurement of these products for state needs, as well as during the supply (stocking) of flour to the state reserve, its storage in state reserve and transportation;
• state supervision and control over the quality and safety of flour, pasta and bakery products during the import (export) of these products into the territory of the Russian Federation;

2) receives and records notifications about the start of implementation by legal entities and individual entrepreneurs of certain types of work and services according to the list approved by the Government of the Russian Federation, with the exception of notifications submitted by legal entities and individual entrepreneurs operating in territories subject to service by the Federal Medical and Biological agency;

3) carries out, in accordance with the established procedure, inspections of the activities of legal entities, individual entrepreneurs and citizens to comply with the requirements of sanitary legislation, legislation of the Russian Federation in the field of consumer protection, rules for the sale of certain types of goods;

According to clause 6 of the said Regulations, the Federal Service for Supervision of Consumer Rights Protection and Human Welfare, in order to exercise powers in the established field of activity, has the right:

1) organize the necessary studies, tests, examinations, analyzes and assessments, including scientific research on issues of supervision in the established field of activity;

2) provide legal entities and individuals with explanations on issues within the competence of the Service;

3) request and receive information necessary for making decisions on issues within the competence of the Service;

4) suppress facts of violation of the legislation of the Russian Federation in the established field of activity, as well as apply restrictive, preventive and prophylactic measures provided for by the legislation of the Russian Federation, aimed at preventing and (or) eliminating the consequences of violations by legal entities and citizens of mandatory requirements in the established field of activity.

It is worth noting that in accordance with the letter of Rospotrebnadzor dated 03/07/2006 No. 0100/2473-06-32, officials of the Service are prohibited from making a “control purchase”, since it is not included in the list of measures to ensure proceedings in an administrative offense case.

Rosselkhoznadzor

According to clause 1 of the Regulations on the Federal Service for Veterinary and Phytosanitary Surveillance (Rosselkhoznadzor), approved Decree of the Government of the Russian Federation No. 327 of June 30, 2004., this service is an authorized federal executive body exercising control and supervision functions in the field of veterinary medicine, quarantine and plant protection, safe handling of pesticides and agrochemicals, ensuring soil fertility, ensuring the quality and safety of grain, cereals, feed and components for their production , by-products of grain processing, land relations (as they relate to agricultural lands), forest relations (except for forests located on lands of specially protected natural areas), protection, reproduction, use of wildlife classified as hunting objects, and the environment their habitats, functions to protect the population from diseases common to humans and animals.

In accordance with clause 5 of the said Regulations, Rosselkhoznadzor exercises the following powers:

1) carries out supervision:

• in cases established by the legislation of the Russian Federation, for legal entities and individuals conducting examinations, examinations, studies, tests, assessments, sampling, sampling, inspection and inspection, visits to controlled entities and facilities, issuing opinions, as well as other work in the established field of activity;
• for safety medicines for animals, feed and feed additives made from genetically modified organisms, at all stages of production and circulation;
• state fire supervision in forests

2) exercises state control:

• over the quality and safety of grain, cereals, feed and components for their production, as well as by-products of grain processing when purchasing them for state needs, when supplying (stacking) grain to the state reserve, during its storage as part of the state reserve and transportation;
• over the quality and safety of grain, cereals, feed and components for their production, as well as by-products of grain processing when imported (exported) into the territory of the Russian Federation;
• for the safe handling of pesticides and agrochemicals;
• for compliance with the requirements of the legislation of the Russian Federation in the field of veterinary medicine and plant quarantine at the state border of the Russian Federation (including checkpoints across the state border) and in transport, including requirements for ensuring the protection of the territory of the Russian Federation from the introduction from foreign countries and the spread of infectious animal diseases and plant pests , pathogens of plant diseases, as well as plants (weeds) of quarantine significance, import of regulated goods dangerous in veterinary, sanitary and phytosanitary terms, including;
• state forest control and supervision on forest lands in relation to forest areas and forest parks specified in Part 2 of Article 83 of the Forest Code of the Russian Federation, and (or) in cases where the relevant powers are withdrawn in the prescribed manner from government authorities of the constituent entities of the Russian Federation;
• control and supervision of the execution by government bodies of the constituent entities of the Russian Federation of the powers of the Russian Federation delegated to them to exercise state forest control and supervision with the right to issue orders to eliminate identified violations, as well as to hold officials responsible for the implementation of delegated powers;
• makes decisions on carrying out varietal and seed control in relation to crops and seeds of agricultural plants;

3) gives:

• licenses for carrying out acclimatization, relocation and hybridization activities, for maintaining and breeding wildlife classified as game objects in semi-free conditions and artificially created habitats;
• permits for the removal of objects of the animal world classified as objects of hunting, and licenses for the use of objects of the animal world classified as objects of hunting;
• permits (including the introduction and lifting of restrictions) for the import into and export from the Russian Federation, as well as for the transit through its territory of animals, products of animal origin, medicines, feed and feed additives for animals, regulated products;
• certificates for the right to hunt in accordance with the legislation of the Russian Federation.

According to clause 6 of the said Regulations, Rosselkhoznadzor, in order to exercise powers in the established field of activity, has the right to apply restrictive, precautionary and prophylactic measures provided for by the legislation of the Russian Federation, aimed at preventing and (or) eliminating the consequences caused by violation by legal entities and citizens of mandatory requirements in established field of activity, in order to suppress violations of the legislation of the Russian Federation.

Labour Inspectorate

In accordance with Art. Art. 353, 354, 356 of the Labor Code of the Russian Federation, state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms in all organizations on the territory of the Russian Federation is carried out by the bodies of the Federal Labor Inspectorate, which are a single centralized system of government bodies.

The body of the Federal Labor Inspectorate is the Federal Service for Labor and Employment, which is under the jurisdiction of the Ministry of Health and social development Russian Federation.

The territorial bodies of Rostrud are state labor inspectorates that directly interact with employing organizations.

Rostrud is guided in its activities by the Constitution of the Russian Federation, laws, acts of the President of the Russian Federation and the Government of the Russian Federation, international treaties of the Russian Federation, regulatory legal acts of the Ministry of Health and Social Development of Russia, to which Rostrud is subordinate, the Regulations “On the Federal Service for Labor and Employment”, approved Decree of the Government of the Russian Federation of June 30, 2004 N 324, and other legal norms.

In particular, labor inspectorates are required to comply with the requirements of Federal Law No. 134-FZ of August 8, 2001 “On the protection of the rights of legal entities and individual entrepreneurs during state supervision (control),” which establishes special rules for conducting inspections.

Rostrud carries out state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law standards by all employers in the Russian Federation. Among the specially authorized state bodies exercising supervision and control over compliance with labor legislation, according to Art. 353 of the Labor Code of the Russian Federation, in addition to the Federal Labor Inspectorate, there are other government bodies. For example, Rostechnadzor (Articles 366, 367 and 369 of the Labor Code of the Russian Federation), the Prosecutor General, federal executive authorities, executive authorities of constituent entities of the Russian Federation, as well as local government bodies in the manner and under the conditions determined by federal laws and laws of constituent entities of the Russian Federation.

Rostechnadzor can exclusively check labor safety standards for workers, but only in organizations of industrial activities that are subject to the provisions of the Federal Law of July 21, 1997 N 116-FZ “On the Industrial Safety of Hazardous Production Facilities.” Whereas the state labor inspectorate can check any norms of labor law, including in industrial organizations, and in relation to workers performing relevant types of activities related to the scope of supervision ensuring industrial safety.

The list of powers of the labor inspectorate is very extensive and is built in accordance with the provisions of the International Labor Organization Convention of 1947 No. 81 and Art. 356 Labor Code of the Russian Federation.

In addition to monitoring and supervising employers’ compliance with labor legislation, the powers of the labor inspectorate include:

- analysis of the circumstances and causes of violations, taking measures to eliminate and restore them, as well as sending relevant information to the federal executive authorities, law enforcement agencies, courts;

Consideration of cases of administrative offenses;

Generalization of practice;

Taking part in the investigation of industrial accidents or conducting an investigation,

as well as the powers provided for by federal law.

To the powers of the territorial structures of Rostrud in accordance with Art. 357 of the Labor Code of the Russian Federation includes:

To conduct inspections of organizations and employers - individuals at any time of the day, provided they have standard certificates;

Request from employers and their representatives, executive authorities and local governments and receive from them free of charge documents, explanations, information necessary to perform supervisory and control functions;

Take samples of used or processed materials and substances for analysis;

Investigate industrial accidents in accordance with the established procedure;

Provide employers and their representatives with binding orders to eliminate violations of labor legislation;

If there are conclusions of the state examination, send to the courts demands for the liquidation of organizations or termination of the activities of their structural divisions;

Issue orders to remove from work persons who have not received training in safe methods and techniques for performing work, instructions on labor protection, etc.;

Prohibit the use by employees of personal and collective protective equipment that does not have certificates of conformity;

Draw up protocols and consider cases of administrative offenses, prepare and send other materials to law enforcement agencies and the court;

Act as experts in court on claims of violation of labor laws.

There is an opinion that the labor inspectorate can come to an organization with an inspection only if an employee of the organization has received a complaint against the employer. However, this is not quite true. Rostrud has the right to conduct inspections of employers' compliance with labor legislation. These inspections can be either scheduled or unscheduled.

Scheduled checks control are carried out on the basis of orders (orders) of state control (supervision) bodies, as well as in order to verify compliance by employers with mandatory requirements.

In relation to one organization (individual entrepreneur), any state control body can carry out a scheduled inspection no more than once every two years, and in relation to a small business entity - no earlier than three years from the date of its state registration.

Unscheduled inspections may be carried out in individual cases listed in paragraph 5 of Art. 7 of Law No. 134-FZ. For example, an inspection will be carried out if the authorized body receives a complaint about a violation of the rights and legitimate interests of an employee or in the event of a threat to the health and life of citizens, environmental pollution, or damage to property. In the latter case, the check must also be carried out on the basis of a corresponding statement from the person who revealed such facts.

When conducting inspections, the employer has the right to know who exactly complained about him, if the complainant confirms in writing his intention to disclose his identity. Appeals that do not allow the identification of the person who applied to the labor inspectorate cannot serve as a basis for carrying out an unscheduled control event.

To ensure the validity and legality of the labor inspector’s arrival, it is necessary to check the service ID of the person authorized to carry out the inspection, as well as the order to conduct the inspection signed by the head of the labor inspectorate.

The order (order) on carrying out control measures must include the following information:

Number and date of the order (order) to conduct the inspection;

Name of the regulatory authority;

Last name, first name, patronymic and position of the person(s) authorized to conduct the inspection;

Name of the organization or last name, first name, patronymic of the individual entrepreneur in respect of whom the inspection is being carried out;

Goals, objectives and subject of the audit;

Legal grounds for conducting an inspection;

Start and end dates of the review.

The order to conduct an inspection is presented by the inspector to the head of the organization in which the control event is planned. Along with the order, the inspector must familiarize the employer's representative with the service ID of the person who came with the inspection. If these requirements are not met, then the employer has every right to refuse the inspector to conduct an inspection (Clause 1, Article 7 of Law No. 134-FZ).

In addition, you can call the inspection and find out whether inspectors were sent to the organization, and it is also advisable to make copies of all documents submitted by the inspector. A control measure can only be carried out by the official (or persons) who are specified in the order (order) to carry out the control measure.

The duration of the control activity should not exceed one month.

In exceptional cases, when special studies are necessary, the inspection period may be extended, but not more than by one month. This kind of proposal should come only from the official carrying out the inspection, from the head of the state control body or his deputy.

Request

A request from the labor inspectorate to submit a package of documents must be motivated. Along with it, the employer must receive a copy of the order to conduct an inspection by the labor inspectorate. This is an important point, since in the absence of an order, the inspection cannot be considered legal. Therefore, in the absence of a copy of the order (instruction), there is no need to submit the requested documents.

In this situation, the employer can either ignore the request or ask to confirm its legality by sending a copy of the inspection order. In this case, you can request confirmation of the legality of the verification by phone or by mail. It is preferable to conduct correspondence, since in the event of a legal dispute it will be easier to defend your position. In addition, if you do not respond to the request of the labor inspectorate, you can provoke an on-site inspection.

The employer submits documents. Subject to all formalities, the employer is obliged to provide inspectors with copies of documents within ten working days from the date of receipt of the request.

Registration of inspection results

Checking act. Based on the results of the inspection, as before, inspectors are required to draw up an inspection report by the state control (supervision) body, the municipal control body of a legal entity, or individual entrepreneur. This document has a standard form that all controllers are required to adhere to, regardless of their departmental affiliation. The act was approved by Order of the Ministry of Economic Development of Russia dated April 30, 2009 N 141. The act is drawn up in two copies on the last day of the inspection and filled out in accordance with the requirements of Art. 16 of Law No. 294-FZ. However, inspectors can do this three working days later if, in order to complete the document, it is necessary to obtain a conclusion on the tests or studies carried out (Part 5 of Article 16 of Law No. 294-FZ). Protocols for the selection of product samples, environmental survey samples, tests, examinations, explanations of employees responsible for fulfilling the mandatory requirements of labor legislation may be attached to the act.

One copy with copies of applications is handed over to the employer against signature. If the employer's representative refuses to read and sign the act, the inspector makes a corresponding note. Based on practice, it is useless to refuse to receive the act. In this case, it will be sent by registered mail with acknowledgment of receipt. Once the inspectors receive the postal notification, the report will be deemed to have been properly served.

Prescription. Provisions of Art. 17 of Law N 294-FZ oblige inspectors who discover any violations of labor legislation to issue an order to eliminate them and take measures to monitor its implementation. The order must indicate the time frame within which the violation must be eliminated. At the same time, the law prohibits introducing into the order a requirement to carry out control measures at the expense of the employer.

For violating the deadline for fulfilling the order, the organization may be fined in the amount of 10,000 to 20,000 rubles, and the manager - from 1,000 to 2,000 rubles. Moreover, the manager can also be disqualified for up to three years. This means that during this period he will not be able to hold leadership positions. Such sanctions are established in Part 1 of Art. 19.5 Code of Administrative Offenses of the Russian Federation.

Audit log. In Part 8 of Art. 16 of Law N 294-FZ, employers are required to keep a log of inspections. Its standard form was approved by Order of the Ministry of Economic Development of Russia dated April 30, 2009 N 141. However, no liability is provided for its absence. Inspectors will only make a note about this in the inspection report. However, you should not ignore logging - it is an additional guarantee of the legality of the audit. In it, the inspectors who carried out the inspection must make notes about its timing, scope and purposes, as well as indicate the details of the order on the basis of which the event was carried out, the violations identified and the orders issued.

Responsibility
Responsibility for violation of labor legislation is provided for in Art. 5.27 Code of Administrative Offenses of the Russian Federation. The fine for entrepreneurs and officials in accordance with Part 1 of this article ranges from 1,000 to 5,000 rubles, for organizations - from 30,000 to 50,000 rubles.

If during the inspection such violations are revealed, as a result of which there is an immediate threat to the life and health of people, harm to animals, plants, the environment, or the occurrence of emergency situations, controllers can take measures aimed at preventing the occurrence of such situations, up to a temporary ban on the activities of the subject checks. The duration of such a ban in accordance with the requirements of Art. 27.17 of the Code of Administrative Offenses of the Russian Federation is no more than five days before a court decision is made, which can either suspend the activities of the enterprise for a period of up to 90 days, or refuse the regulatory authority to satisfy its request to suspend work.

If the head of the organization commits a similar violation again, he may be disqualified for a period of one to three years on the basis of Part 2 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, and during this period he does not have the right to occupy leadership positions.

Information about disqualified managers is stored in a special database created by the Russian Ministry of Internal Affairs. Therefore, employers have the opportunity to screen candidates for management positions.