Draft law on inspections of legal entities. The new law on checks of legal entities and individual entrepreneurs. How to dispute results

05.11.2019

1. Subject out scheduled inspection is compliance by a legal entity, an individual entrepreneur in the process of carrying out activities mandatory requirements and the requirements established by municipal legal acts, the implementation of the instructions of state control (supervision) bodies, municipal control bodies, the implementation of measures to prevent harm to life, health of citizens, harm to animals, plants, the environment, cultural heritage objects (monuments of history and culture) of peoples Russian Federation, museum items and museum collections included in the Museum Fund of the Russian Federation, especially valuable, including unique, documents of the Archival Fund of the Russian Federation, documents of special historical, scientific, cultural significance, which are part of the national library fund, to ensure the security of the state, to prevent the occurrence of natural and man-made emergencies, to eliminate the consequences of causing such harm.

2. The basis for conducting an unscheduled inspection is:

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

1.1) receipt by the state control (supervision) body, municipal control body of an application from a legal entity or an individual entrepreneur for the provision legal status, a special permit (license) for the right to exercise certain types activity or permission (approval) for the implementation of other legally significant actions, if the conduct of an appropriate unscheduled inspection of a legal entity, an individual entrepreneur is provided for by the rules for granting a legal status, a special permit (license), issuing a permit (approval);

2) a reasoned presentation of an official of the state control (supervision) body, municipal control body based on the results of the analysis of the results of control measures without interaction with legal entities, individual entrepreneurs, consideration or preliminary verification of applications received by the state control (supervision) bodies, municipal control bodies and citizens' statements, including individual entrepreneurs, legal entities, information from public authorities, bodies local government, from funds mass media about the following facts:

a) the emergence of a threat of causing harm to life, health of citizens, harm to animals, plants, the environment, cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation, museum objects and museum collections included in the Museum Fund of the Russian Federation, especially valuable, in including unique documents of the Archival Fund of the Russian Federation, documents of special historical, scientific, cultural significance, which are part of the national library fund, state security, as well as threats of natural and man-made emergencies;

b) causing harm to life, health of citizens, harm to animals, plants, the environment, cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation, museum objects and museum collections included in the Museum Fund of the Russian Federation, especially valuable, including unique, documents of the Archival Fund of the Russian Federation, documents of special historical, scientific, cultural significance, which are part of the national library fund, state security, as well as the occurrence of natural and man-made emergencies;

c) violation of consumer rights (in case of applying to the body exercising federal state supervision in the field of consumer protection, citizens whose rights are violated, provided that the applicant applied for protection (restoration) of his violated rights to a legal entity, individual entrepreneur, and such the appeal was not considered or the applicant's requirements were not satisfied);

d) violation of the requirements for labeling goods;

2.1) identification during the implementation of control measures without interaction with legal entities, individual entrepreneurs of the parameters of the activities of a legal entity, an individual entrepreneur, compliance with which or deviation from which in accordance with the approved federal executive body that performs the functions of developing and implementing state policy and legal regulation in the established field of activity, indicators of the risk of violation of mandatory requirements is the basis for an unscheduled inspection, provided for in the regulation on the type of federal state control (supervision);

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

3. Applications and applications that do not allow identifying the person who applied to the state control (supervision) body, municipal control body, as well as applications and applications that do not contain information about the facts specified in clause 2 of part 2 of this article, cannot serve as a basis for conducting an unscheduled inspection. If the information contained in the appeal or application may, in accordance with clause 2 of part 2 of this article, be the basis for an unscheduled inspection, the official of the state control (supervision) body, the municipal control body, if he has reasonable doubts about the authorship of the appeal or application must take reasonable steps to identify the applicant. Appeals and applications sent by the applicant in the form of electronic documents may serve as a basis for an unscheduled inspection only if they were sent by the applicant using information and communication technology tools that provide for the applicant's mandatory authorization in unified system identification and authentication.

3.1. When considering appeals and applications, information about the facts specified in part 2 of this article, the results of consideration of previously received similar applications and applications, information, as well as the results of previously carried out control measures in relation to the relevant legal entities, individual entrepreneurs should be taken into account.

3.2. In the absence of reliable information about the person who violated the mandatory requirements, requirements established by municipal legal acts, sufficient data on the facts specified in Part 2 of this Article, authorized officials of the state control (supervision) body, municipal control body may conduct a preliminary check of the received information. During the preliminary verification of the information received, measures are taken to request additional information and materials (including orally) from the persons who sent applications and appeals, who provided information, the documents of a legal entity, an individual entrepreneur, available at the disposal of the state control body ( supervision), a municipal control body, if necessary, control measures are taken without interaction with legal entities, individual entrepreneurs and without imposing on these persons the obligation to provide information and fulfill the requirements of state control (supervision) bodies, municipal control bodies. As part of the preliminary check, clarifications may be requested from a legal entity, individual entrepreneur regarding the information received, but the submission of such clarifications and other documents is not mandatory.

3.3. If, based on the results of a preliminary audit, persons who have violated mandatory requirements, requirements established by municipal legal acts are identified, sufficient data are obtained on the facts specified in Part 2 of this Article, an authorized official of the state control (supervision) body, municipal control body prepares a reasoned presentation on appointment of an unscheduled inspection on the grounds specified in clause 2 of part 2 of this article. Based on the results of the preliminary check, measures to bring a legal entity, an individual entrepreneur to liability are not taken.

3.4. By decision of the head, deputy head of the state control (supervision) body, municipal control body, the preliminary check, unscheduled check is terminated if, after the start of the corresponding check, the anonymity of the appeal or statement that was the reason for its organization is revealed, or knowingly unreliable information contained in the appeal or statement.

3.5. The body of state control (supervision), the body of municipal control has the right to apply to the court with a claim to recover from a citizen, including from a legal entity, an individual entrepreneur, the costs incurred by the body of state control (supervision), the body of municipal control in connection with the consideration of applications received , appeals of these persons, if deliberately false information was indicated in the applications, appeals.

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

5. An unscheduled on-site inspection of legal entities, individual entrepreneurs may be carried out on the grounds specified in subparagraphs "a", "b" and "d" of paragraph 2, paragraph 2.1 of part 2 of this article, by state control (supervision) bodies, municipal control bodies after agreement with the prosecutor's office at the place of operation of such legal entities, individual entrepreneurs.

6. A standard form of an application for approval by a state control (supervision) body, a municipal control body and a prosecutor's office of an unscheduled on-site inspection of a legal entity, an individual entrepreneur is established by the federal executive body authorized by the Government of the Russian Federation.

7. The procedure for the approval by the state control (supervision) body, the municipal control body and the prosecutor's office of an unscheduled on-site inspection of a legal entity, individual entrepreneur, as well as the approval of the prosecutor's office for the approval of an unscheduled on-site inspection, is established by order of the Prosecutor General of the Russian Federation.

8. On the day of signing the order or order of the head, deputy head of the state control (supervision) body, municipal control body on conducting an unscheduled on-site inspection of a legal entity, individual entrepreneur in order to coordinate its conduct, the state control (supervision) body, municipal control body shall submit or send custom by mail with acknowledgment of receipt or in the form electronic document signed by enhanced qualified electronic signature, to the prosecutor's office at the place of business of a legal entity, an individual entrepreneur, an application for approval of an unscheduled on-site inspection. This application shall be accompanied by a copy of the order or order of the head, deputy head of the state control (supervision) body, municipal control body on conducting an unscheduled on-site inspection and documents that contain information that served as the basis for its conduct.

9. An application for approval of an unscheduled on-site inspection of a legal entity, an individual entrepreneur and the documents attached to it are considered by the prosecutor's office on the day they are received in order to assess the legality of an unscheduled on-site inspection.

10. Based on the results of consideration of an application for approval of an unscheduled on-site inspection of a legal entity, an individual entrepreneur and documents attached to it, no later than within the working day following the day of their receipt, the prosecutor or his deputy decides on the approval of an unscheduled on-site inspection or on refusal to approve it.

11. The grounds for refusal to agree on an unscheduled on-site inspection are:

1) the absence of documents attached to the application for approval of an unscheduled on-site inspection of a legal entity, individual entrepreneur;

2) there are no grounds for conducting an unscheduled on-site inspection in accordance with the requirements of paragraph 2 of this article;

3) non-compliance with the requirements established by this Federal Law for the execution of a decision of a state control (supervision) body, a municipal control body on conducting an unscheduled on-site inspection;

4) carrying out an unscheduled on-site inspection that is contrary to federal laws, regulatory legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation;

5) non-compliance of the subject of an unscheduled on-site inspection with the powers of the state control (supervision) body or the municipal control body;

6) verification of compliance with the same mandatory requirements and requirements established by municipal legal acts in relation to one legal entity or one individual entrepreneur by several state control (supervision) bodies, municipal control bodies.

12. If the basis for conducting an unscheduled on-site inspection is harm to life, health of citizens, harm to animals, plants, the environment, cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation, museum objects and museum collections included in the Museum Fund of the Russian Federation, especially valuable, including unique, documents of the Archival Fund of the Russian Federation, documents of special historical, scientific, cultural significance, which are part of the national library fund, state security, as well as the occurrence of natural and man-made emergencies, detection of violations of mandatory requirements and requirements established by municipal legal acts, at the time of such violations due to the need to take urgent measures, state control (supervision) bodies, municipal control bodies have the right to proceed with an unscheduled on-site inspection of immediately notifying the prosecutor's office of the implementation of control measures by sending the documents provided for in parts 6 and 7 of this article to the prosecutor's office within twenty-four hours. In this case, the prosecutor or his deputy decides to approve the conduct of an unscheduled on-site inspection on the day the relevant documents are received.

13. The decision of the prosecutor or his deputy to approve the conduct of an unscheduled on-site inspection or to refuse to approve its conduct is drawn up in writing in two copies, one of which is presented or sent by registered mail with a return receipt or in the form of an electronic document on the day the decision is made. , signed with an enhanced qualified electronic signature, to the state control (supervision) body, municipal control body.

14. If an unscheduled on-site inspection is required immediately, a copy of the decision to approve the conduct of an unscheduled on-site inspection is sent by the prosecutor's office to the state control (supervision) body, the municipal control body using the information and telecommunications network.

15. The decision of the prosecutor or his deputy to approve the conduct of an unscheduled on-site inspection or to refuse to approve its conduct may be appealed to a higher prosecutor or to a court.

16. About conducting an unscheduled on-site inspection, with the exception of an unscheduled on-site inspection, the grounds for which are specified in clause 2 of part 2 of this article, a legal entity, an individual entrepreneur are notified by the state control (supervision) body, the municipal control body at least twenty-four hours before the beginning of its implementation in any available way, including by means of an electronic document signed with an enhanced qualified electronic signature and sent to the address Email legal entity, individual entrepreneur, if such address is contained in the unified state register legal entities, the unified state register of individual entrepreneurs, or was previously submitted by a legal entity, an individual entrepreneur to a state control (supervision) body, a municipal control body.

17. In the event that as a result of the activities of a legal entity, an individual entrepreneur, harm has been or is being caused to the life, health of citizens, harm to animals, plants, the environment, cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation, museum objects and museum collections, included in the Museum Fund of the Russian Federation, especially valuable, including unique, documents of the Archival Fund of the Russian Federation, documents of special historical, scientific, cultural significance, which are part of the national library fund, state security, as well as emergency situations of a natural and man-made nature, prior notification of legal entities, individual entrepreneurs about the start of an unscheduled on-site inspection is not required.

18. In the event of an unscheduled field inspection of members of a self-regulatory organization, the state control (supervision) body, the municipal control body are obliged to notify self-regulatory organization on conducting an unscheduled on-site inspection in order to ensure the possibility of participation or presence of its representative during an unscheduled on-site inspection.

19. Bodies of the prosecutor's office keep records of unscheduled on-site inspections conducted by state control (supervision) bodies, municipal control bodies, as well as annual monitoring of unscheduled on-site inspections.

20. In case of detection of violations by members of the self-regulatory organization of mandatory requirements and requirements established by municipal legal acts, officials state control (supervision) body, municipal control body during an unscheduled on-site inspection of such members of a self-regulatory organization are obliged to inform the self-regulatory organization about the violations found within five working days from the date of completion of the unscheduled on-site inspection.

21. If the reason for conducting an unscheduled inspection is the expiration of the deadline for the execution by a legal entity, an individual entrepreneur of an order to eliminate an identified violation of mandatory requirements and (or) requirements established by municipal legal acts, the subject of such an inspection can only be the execution of a state control issued by a state control body ( Supervision) and (or) a municipal control authority orders.

Cancellation of inspections of small businesses in 2016-2018.

From January 1, 2016 to December 31, 2018 scheduled non-tax audits of small businesses.

In accordance with the Federal Law of July 13, 2015 N 246-FZ “On Amendments to the Federal Law “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control”, from January 1, 2016, small businesses began to operate "surveillance holidays".

What are non-tax audits

Non-tax or administrative audits are usually called control measures that are carried out by sanitary and epidemiological stations, firefighters, labor inspectorates, local governments, etc. The procedure and frequency of such audits are regulated by the Federal Law dated December 26, 2008 No. 294-FZ"On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control."

note : tax audits are not administrative. They are carried out according to the rules enshrined in the Tax Code. Measures of currency, financial and some other types of control are not subject to Law No. 294-FZ - the full list is given in part 3article 1 Law No. 294-FZ. This list also includes control over the payment of insurance premiums to off-budget funds. That is, the ban does not apply to tax audits or to audits by funds.

Ban on scheduled inspections

The commented law provided that from January 1, 2016 to December 31, 2018, it will not be possible to conduct scheduled inspections in relation to legal entities and individual entrepreneurs that belong to small businesses (Article 26.1 of Law No. 294-FZ).

At the same time, the ban does not apply to unscheduled inspections. Their rules will not change.

In what cases will the ban on inspections not apply?

The commented law provides for a number of exceptions. This means that, under certain circumstances, regulatory and supervisory authorities will be able to conduct scheduled inspections of small businesses in the period 2016-2018.

Let's call these circumstances:

Administrative fine and revocation of license

Scheduled inspections of small businesses can be carried out (part 2 of article 26.1 of Law No. 294-FZ):

if a decision on the imposition of an administrative penalty for a gross violation of the Code of Administrative Offenses of the Russian Federation came into force earlier or if there was a disqualification or administrative suspension of activities;
if a decision was made to suspend and (or) annul a license issued in accordance with the Federal lawdated 04.05.11 No. 99-FZ"On Licensing Certain Types of Activities".

At the same time, inspections will be possible only on the condition that less than three years have passed from the date of completion of the inspection, the results of which a decision was made or a decision was made.

Implementation of certain types of activities

Cancellation of scheduled inspections will not apply to organizations and individual entrepreneurs engaged in activities that are listed in the list, which is approved by government decree RFdated 23.11.09 No. 944 (part 9Art. 9 Law No. 294-FZ). This list covers activities in the field of health and education, trade in medicines and activities for the provision of social services.

Certain types of state control/supervision

The commented law established certain types of control/supervision to which the ban on inspections does not apply, namely:

federal state supervision in the field of industrial safety and federal state fire supervision in relation to legal entities, individual entrepreneurs operating hazardous production facilities of I or II hazard class;
federal state supervision in the field of safety of hydraulic structures in relation to legal entities, individual entrepreneurs operating hydraulic structures of I or II hazard class;
state environmental supervision in relation to legal entities, individual entrepreneurs operating facilities that provide negative impact on the environment I or II category;
federal state supervision in the field of radiation safety;
federal state control over ensuring the protection of state secrets;
license control in relation to managing organizations engaged in the management of apartment buildings;
external quality control of the work of audit organizations defined by the Federal Law dated December 30, 2008 No. 307-FZ"About audit activity";
federal state supervision in the field of the use of atomic energy.

Accordingly, if an organization or individual entrepreneur, for example, operates hazardous production facilities of I or II hazard class, then they will be able to check them in a planned manner.

Do I need to confirm the exemption from inspections?

The commented law does not oblige organizations and individual entrepreneurs to document that they are small businesses and, accordingly, are exempt from scheduled inspections. On the contrary, the law establishes that when drawing up plans for inspections for 2017 and 2018, regulatory authorities will have to check information on classifying legal entities and individual entrepreneurs as small businesses in order to exchange information between departments (Clause 4, Article 26.1 of Law No. 294-FZ).

At the same time, legislators have provided for a situation where an organization or individual entrepreneur unreasonably falls into the inspection plan (for example, due to an error). In this case, the small business entity will be able to submit an application for exclusion from the plan to the supervisory / supervisory authority. The procedure for filing such an application, the list of documents attached to it, confirming the classification of a legal entity or individual entrepreneur as a small business, will have to be determined by the government of the Russian Federation (until such a document has been adopted).

Provisions to ban scheduled non-tax inspections of small businesses came into effect on July 14, 2015. Accordingly, already in 2015 the supervisory authorities should take into account who can be included in the inspection plans for 2016 and who cannot.

Risk-Based Approach to Audits since 2018

Since 2018, the commented law obliges regulatory or supervisory authorities to apply a risk-based approach when planning inspections. Its meaning is that organizations and individual entrepreneurs assigned to a low risk class will either not be included in the audit plan at all, or the duration of the audit will be reduced for them. The frequency of inspections may also depend on certain risk classes.

All conditions for the application of the risk-based approach will also have to be determined by the government of the Russian Federation (in particular, it will establish the rules for classifying various categories risk). It is important to note that the law contains a clause: for certain types of control/supervision, the Russian government may decide to start applying this approach even before the beginning of 2018. Therefore, it is possible that in some areas of activity, organizations and individual entrepreneurs will face risk-oriented until 2018.

Who is considered a small business

The criteria for small businesses are given in Article 4 of the Federal Law of July 24, 2007 No. 209-FZ (cm. "The criteria for classifying organizations and individual entrepreneurs as small and medium-sized businesses have changed »). These entities include consumer cooperatives, commercial organizations(with the exception of SUE and MUP), individual entrepreneurs and farms, for which the following conditions are satisfied.

Criteria for classifying small businesses

Criterion

Hello! In this article, we will talk about the checks that sole proprietors may face.

Today you will learn:

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

IP checks in 2019

IP without checks - is it possible?

Until 2016, individual entrepreneurs were under strict state supervision, and fines imposed on small and medium business, practically did not differ from fines for largest enterprises. Of course, this could not continue without public outrage.

Recently, changes have begun in the IP verification system. First of all, in February 2016, the Ministry of Economic Development submitted for discussion a proposal to replace the first one with a warning.

It is also already in operation, which from January 2016 until the end of 2018 released most of the IP for "test holidays".

Most checks are regulated federal law №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 every three years.

At the end of the year, legislators worried about extending its validity for another two years by 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 01 2019 to December 31, 2020.

Grounds for checks

IP checks are both scheduled, predetermined, and unscheduled, for one of the possible reasons:

The expiration of the period assigned for the correction of violations after the previous inspection.
Receipt to the regulatory authorities of evidence or complaints about violations by the entrepreneur of the rights of consumers, employees and other norms.
The demand of the prosecutor and the order of the head of the controlling body.

But even about an unscheduled inspection, the entrepreneur must be warned no later than 24 hours in advance. The exceptions are emergencies and cases when the IP 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 checks on, OGRNIP and other details of the company.

Not all firms 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;
Social media companies service;
Audit firms;
Management companies of residential buildings;
Objects of the first and second class of industrial and other security.

Types of checks

Any checks are divided into field and documentary. As the name implies, in the first case, the auditors personally visit the enterprise, in the second, they only request a package of documents for verification. One test can follow from another. For example, the inspector starts by checking documents, but having found controversial points, declares his intention to visit workplace IP.
We list the main authorities that carry out IP checks:

IFTS;
, Rostransnadzor and Roszdravnadzor.

Regardless of the controlling body, an inspection usually begins with checking that all constituent documents, licenses and the results of previous checks.

Tax audit

Regulating law: article 14 of the Tax Code of the Russian Federation.

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

It is forbidden to re-check the entrepreneur for the same tax for the same period.

A desk audit of taxes additionally controls the submitted reports. The Inspectorate may request clarification of some data or confirmation of expenses. The audit lasts up to three months from the end of the reporting period. The auditee is given five days to correct errors that did not lead to underpayment of taxes. If serious violations are found, within ten days the IP will be held accountable.

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

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

The firm has several separate divisions;
Additional expertise 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 that affect the amount of tax paid is organized. that do not depend on actual profit are less likely to be subjected to unscheduled tax audits. Therefore, IP checks less often end in fines.

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

The audit can also be called final, its purpose is to identify inconsistencies, underpayment of taxes. Including checking the debt, which could remain with the entrepreneur.

Checking by Rospotrebnadzor

Regulatory acts: "Regulations on federal service on Supervision in the Sphere of Consumer Rights Protection” under Decree of the Government of the Russian Federation No. 322 dated June 30, 2004.

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

Let's name the most popular:

Signboard, price tags and prices;
Consumer corners;
Illumination and ventilation in the room;
Sanitary standards, availability of certificates of conformity for goods;
Compliance with product expiration dates;
When it is required - the presence of employees dignity. books and uniforms.

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

Labour Inspectorate

Rostrud controls the observance of rights employees. Very often, complaints from employees serve as the basis for an unscheduled inspection.

The following employers are also subject to strict supervision:

Employing foreign citizens;
Having underage employees;
Paying too little wages.

All are subject to verification personnel documents:

- their observance labor law, the correctness of registration, the presence of signatures;
Labor books of employees;
and timesheets;
vacation schedules;
Payroll schedule.

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

Fire Inspectorate

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 most requested documents for verification:

Orders of the head to turn off the equipment at the end of the shift, to establish smoking areas;
Order on the frequency of fire safety briefings by employees and briefing logs;
Evacuation plans.

Indoors, the on-site fire 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, the condition of the bars on the windows;
Number and location of fire extinguishers and other means of fighting fire;
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 fire inspection, as damage from a fire that occurred due to a violation of the rules.

Checking by Rostekhnadzor

The Rostekhnadzor Inspectorate issues licenses and inspects many activities involving the use of natural resources and interacting with hazardous production facilities (design, installation, transportation, and so on).

Subject of verification: compliance with the requirements of the legislation in the field of industrial safety.

All possible violations are usually 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 IP violations that do not fall under the control of another government agency. If possible, the prosecutor's office is obliged to delegate the powers of the inspector to another agency, in other cases it can conduct the audit on its own.

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 violate the law should not be afraid of it.

The prosecutor checks the authenticity of the complaint against the IP and, if the violation is confirmed, depending on its severity, the IP may be issued an order to correct the situation or initiate a court case.

How to avoid a fine

Of course, the most the right way avoid after checking the fine - do not break the law. It is quite difficult, but still possible to conduct business in compliance with all legal norms.

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 not be overlooked either. For example, under article 199, you can get up to 6 years in prison for tax evasion.

What should an entrepreneur do during an audit?

It is good if the enterprise has a strict access control - so the inspectors will not be able to start an on-site inspection without the presence of the head. In other situations, you should be careful.

According to the 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 territory of the organization. Even the conversations of employees on the porch can be used against the person being checked.

In this regard, the entrepreneur must:

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

Field check in absence responsible person possible only in emergency situations, in cases of harm to the health of citizens, animals.

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

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

If all the documents are correct, do not interfere with the verification, for this you can get an additional fine.

If the check is carried out within the framework of a criminal case, the person being checked has the right not to answer questions until the arrival of his lawyer and not to sign documents (even an act of verification).

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

The log of checks is started at the enterprise at the request of the head. Its presence will help control the frequency of inspections and many other factors.

Checking act

The result of the audit is an act in which all the measures taken and violations found are recorded. The signature of the entrepreneur under the act means his agreement with everything that is described there.

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

Entering justified objections into the act increases the chances of the entrepreneur to appeal the results of the audit. Therefore, before signing the act, it is necessary to carefully study it.

The presence of a lawyer during the verification gives an additional guarantee that all the 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 you know, can sometimes make mistakes. A small 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 declared illegal if:

A scheduled inspection is carried out more than once every three years;
The scheduled inspection was not in the official schedule on the website of the prosecutor's office;
The terms of the check specified in the order are violated, or its maximum duration is exceeded;
The inspectors did not present an order to conduct an inspection (or there was none at all);
The auditors demanded to provide documents or samples that are not related to the subject of the audit;
At the end of the audit, no certificate was provided.

How to dispute results

Do not be afraid to go to court to challenge the results of an audit conducted with violations.

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

Apply to court of Arbitration possible within three months from the date of the violation.

The statement states:

Claimant's details;
The name and address of the respondent;
Requirements supported by references to regulations and laws;
Materials proving the fact of violation (expert opinions, testimonies of witnesses, video and audio recordings of the verification 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 audit and fines issued, but also receive compensation.

Also, an entrepreneur dissatisfied with the actions of the inspector has every right to file a complaint against him. senior manager. The complaint must be written in duplicate, 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 the answer is still not received, you can apply to the arbitration court.

INSTEAD OF THE LAW ON INSPECTIONS (294-FZ) - THE LAW ON CONTROL AND SUPERVISION

Source: http://www.ecoindustry.ru/news

In spite of great job to improve the norms of 294-FZ, carried out in recent years, the Government of the Russian Federation decided to carry out more radical changes in this area. Bill No. 332053-7 FZ “On State Control (Supervision) and Municipal Control in the Russian Federation” has been submitted to the State Duma for consideration, which differs from its “predecessor” in many respects:

the volume of the new law is 71 articles against 27 articles of 294-FZ, individual applications it contains lists of types of federal and regional state control (Appendices No. 1, 2), a list of types of municipal control (Appendix No. 3), a list of activities with a notification procedure for starting work (Appendix No. 4);
new law will still not be universal, the tax, customs control, control over the contract system, etc.;
for each type of control, it is supposed to adopt a regulation and administrative regulations;
a risk management system is being introduced, thanks to which mandatory inspections once every 3 years for all controlled entities without exception will be abolished, and the frequency of inspections will depend only on the assigned hazard class;
separate regulation is provided for such forms of control as: inspection, scheduled (raid) inspection, monitoring, test purchase, constant state control (supervision);
control actions are introduced: seizure, examination, examination, questioning, obtaining explanations, inventory, collection of information, etc., during which protocols must be drawn up;
the procedure for pre-trial appeal of the results of verification activities is regulated.
Article 59 of the draft law, as well as 294-FZ, says about the right of organizations and citizens to keep a register of inspections as a guarantee that the inspections carried out in terms of timing and frequency comply with the law. This document is devoted to the section “Journal of accounting for inspections carried out by state control bodies”.
Register of inspections carried out by state control bodies
The register of inspections carried out by state control bodies contains information on all inspections carried out at the enterprise, violations identified during this, as well as recommendations received subsequently. We will describe below how this journal is compiled and filled out.
The relationship between the audited and the inspector, the rights and obligations of the parties, as well as the procedure, terms and rules for carrying out these activities are regulated by the law "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control" dated December 26, 2008 No. 294- FZ.
Art. 13 of this law regulates the maximum period during which the organization can be subjected to verification. It is from 20 days.
Ch. 11 Art. 9 of the said law indicates that during a scheduled inspection, checklists can be used by employees of the regulatory body. Usually their use is regulated by industry governmental or departmental normative act(for example, the wording of the regulation on state supervision in the field of civil defense, approved by Decree of the Government of the Russian Federation of May 21, 2007 No. 305, which will enter into force in 2018).
Checklists both help the inspectors not to miss anything and limit the scope of the check (the provision mentioned above, for example in paragraph 4(1), stipulates that during the check it is impossible to go beyond the checklists in the checklists).
The need to draw up a register of inspections at the enterprise is regulated by clause 8 of Art. 16 of Law No. 294-FZ, according to which entrepreneurs, as well as enterprises of any form of ownership, have the right to keep a register.
This document is drawn up in a unified form (a sample log of inspections by regulatory authorities approved by order of the Ministry of Economic Development of Russia dated April 30, 2009 No. 14).
Logging rules
The purpose of this log can be defined as follows:
Fixing the fact of control by state bodies.
Protection of the rights of the verified subject.
Since the law does not define the obligation to maintain the specified document, but namely the right, in the absence of the specified document, a certain mark is placed in the act based on the results of the audit (part 11 of article 16 of law No. 294-FZ). Accordingly, the supervisory authority is not entitled to hold a legal entity liable for the absence of an inspection log.
It is allowed to use both the typographical form of the inspection log book and the document printed on the printer. General recommendations for the execution of this document are enshrined in Law No. 294-FZ and are as follows:
The document must be bound.
The pages of the magazine are numbered.
The journal must be certified by the seal of the enterprise (if any).
This document must be maintained and filled out by a person authorized to do so by order of the head.
The accounting journal is kept at the enterprise, and its storage period is 5 years (Article 176 of the list of typical administrative archival documents ..., approved by the Ministry of Culture of the Russian Federation on August 25, 2010).
The current legislation does not fix a clear number of journals that an organization is entitled to keep, and accordingly, if an enterprise has several outlets, the specified document can be entered on each of them.
Download a sample log of inspections of regulatory authorities
The standard form of the inspection log, recommended for use in enterprises, should include the following information:
Sample register of checks of legal entities
Start date of logging.
Full name of the enterprise or full name of the entrepreneur.
Company location address.
OGRN - for enterprises, OGRNIP - for entrepreneurs.
TIN.
Full name of the person responsible for keeping the journal.
Full name of the head of the enterprise, signature.
Information about the inspections carried out includes the following data:
start and end dates of the audit;
total time research (indicated in days, and for entrepreneurs - in hours);
the name of the body that carried out the observation;
details of the order for the inspection;
the main goals and objectives of control;
type of inspection (scheduled with reference to the annual plan of inspections, unscheduled with an indication of the prosecutor's decision on approval of the inspection);
details of the act drawn up on the basis of the results of the audit;
list of identified violations;
data of the order issued to eliminate violations;
FULL NAME. the person who carried out the check;
data of experts involved in the course of the audit, if available;
signature of the person exercising control.