The timing of the unscheduled inspection of Rospotrebnadzor. Inspection of Rospotrebnadzor on a complaint. Pre-trial appeal procedure

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

2. The basis for 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 revealed 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 individual entrepreneur for the provision of legal status, special permission (license) for the right to exercise certain types activities or permission (approval) to carry out other legally significant actions, if an appropriate unscheduled inspection of a legal entity, an individual entrepreneur is provided for by the rules for granting legal status, special permission (license), issuance of a permit (approval);

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

(see text in previous edition)

A) the emergence of a threat of harm to the life, health of citizens, harm to animals, plants, the environment, cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation, museum items 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;

(see text in previous edition)

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

(see text in previous edition)

C) violation of consumer rights (in case of contacting the body exercising federal state supervision in the field of consumer protection, citizens whose rights have been violated, provided that the applicant applied for the protection (restoration) of his violated rights to a legal entity, an individual entrepreneur, etc. the appeal was not considered or the applicant's claims were not satisfied);

(see text in previous edition)

d) violation of the requirements for the labeling of goods;

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

(see text in previous edition)

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

(see text in previous edition)

3. Appeals and statements that do not allow to identify the person who applied to the state control (supervision) body, the municipal control body, as well as appeals and statements that do not contain information about the facts specified in paragraph 2 of part 2 of this article, cannot serve as a basis for conducting an unscheduled inspection. In the event that the information set forth in the appeal or application may, in accordance with paragraph 2 of part 2 of this article, be the basis for an unscheduled inspection, an official of a state control (supervision) body, a municipal control body, if he has reasonable doubts about the authorship of the appeal or application is obliged to take reasonable measures to identify the applicant. Applications and statements sent by the applicant in the form of electronic documents may serve as a basis for an unscheduled check only if they were sent by the applicant using information and communication technologies, which provide for mandatory authorization of the applicant in unified system identification and authentication.

(see text in previous edition)

3.1. When considering applications 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 must be taken into account.

3.2. In the absence of reliable information about the person who violated the mandatory requirements, the 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, the municipal control body may conduct a preliminary check of the received information. In the course of 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 submitted information, the documents of a legal entity, an individual entrepreneur, available at the disposal of the state control body ( supervision), the 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 a preliminary check, a legal entity, an individual entrepreneur may be asked for clarifications regarding the information received, but the submission of such explanations and other documents is not mandatory.

(see text in previous edition)

3.3. If, based on the results of a preliminary check, persons who have committed a violation of mandatory requirements, requirements established by municipal legal acts are identified, and sufficient information is obtained about the facts specified in part 2 of this article, an authorized official of the state control (supervision) body, the municipal control body prepares a reasoned submission on appointment of an unscheduled inspection on the grounds specified in clause 2 of part 2 of this article. Based on the results of a preliminary check, measures to bring a legal entity or an individual entrepreneur to justice are not taken.

(see text in previous edition)

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

3.5. The state control (supervision) body, the municipal control body 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 state control (supervision) body, the municipal control body in connection with the consideration of the 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) on-site inspection in accordance with the procedure established respectively and this Federal law.

5. An unscheduled field inspection of legal entities, individual entrepreneurs can 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.

(see text in previous edition)

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

(see text in previous edition)

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

(see text in previous edition)

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 field inspection of a legal entity, individual entrepreneur in order to coordinate its conduct, the state control (supervision) body, the municipal control body shall submit or send customized by post with return receipt or in the form electronic documentsigned by a strengthened 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 field inspection and documents containing information that served as the basis for its conduct.

(see text in previous edition)

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.

(see text in previous edition)

10. Based on the results of consideration of an application for approval of an unscheduled field inspection of a legal entity, an individual entrepreneur and the documents attached to it, no later than during the working day following the day of their receipt, the prosecutor or his deputy makes a decision on the approval of an unscheduled field inspection or on refusal to agree on its conduct.

(see text in previous edition)

11. Grounds for refusal to approve an unscheduled on-site inspection are:

1) the lack of documents attached to the application for approval of an unscheduled field inspection of a legal entity, individual entrepreneur;

(see text in previous edition)

2) the absence of grounds for conducting an unscheduled on-site inspection in accordance with the requirements of part 2 of this article;

3) failure to comply 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) the implementation of an unscheduled on-site inspection that is contrary to federal laws, regulatory legal acts The President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation;

5) inconsistency of the subject of the 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 reason for the unscheduled on-site inspection is harm to the life, health of citizens, harm to animals, plants, the environment, cultural heritage (historical and cultural monuments) of the peoples of the 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, state security, as well as the emergence of natural and man-made emergencies, detection of mandatory violations requirements and requirements established by municipal legal acts, at the time of committing 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 immediately with notification of the prosecutor's office about the implementation of control measures by sending the documents provided for in parts 6 and this article to the prosecutor's office within twenty-four hours. In this case, the prosecutor or his deputy decides on the approval of an unscheduled on-site inspection on the day the relevant documents are received.

(see text in previous edition)

13. The decision of the prosecutor or his deputy on the approval of an unscheduled on-site inspection or on the refusal to agree on its conduct is made in writing in two copies, one of which on the day of the decision is submitted or sent by registered mail with a receipt acknowledgment or in the form of an electronic document signed with a strengthened qualified electronic signature to a state control (supervision) body, a municipal control body. paragraph 2 of part 2 of this article, a legal entity, an individual entrepreneur shall be notified by a state control (supervision) body, a municipal control body at least twenty-four hours before the start of its conduct by any available means, including through an electronic document signed with an enhanced qualified electronic signature and sent to the email address of a legal entity, individual entrepreneur, if such an address is contained, respectively, in a single 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.

(see text in previous edition)

17. In the event that, as a result of the activities of a legal entity, an individual entrepreneur, harm has been or is being done to the life and health of citizens, harm to animals, plants, the environment, cultural heritage objects (historical and cultural monuments) of the peoples of the 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, state security, as well as have arisen or may arise emergencies of natural and man-made nature, preliminary notification of legal entities, individual entrepreneurs about the beginning of an unscheduled field inspection is not required. (see text in previous edition)

20. In the event of violations by members of a self-regulatory organization of mandatory requirements and requirements established by municipal legal acts, officials of the 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 of the identified violations within five working days from the date of the end of the unscheduled field inspection.

21. In the event that the basis for an unscheduled inspection is the expiration of the time limit for the fulfillment by a legal entity, an individual entrepreneur of an order to eliminate the revealed violation of mandatory requirements and (or) requirements established by municipal legal acts, the subject of such an inspection can only be the execution issued by the state control body ( supervision) and (or) the authority of the municipal control of the order.

In this article, we will touch upon the issue of inspections of the SES in Moscow: what the commission employees check, what documents should be in the company, what responsibility is regulated when violations are detected.

What does SES do?

Activities public service under the name SES is quite diverse, as it combines the functions of several ministries and departments at once. In particular, the SES in Moscow carries out:

• sanitary and epidemiological surveillance (for example, in the field of catering, construction, production and in other areas);
• control over compliance with the law on consumer protection;
• issuance of sanitary and epidemiological conclusions based on the checks carried out;
• conducting social and hygienic monitoring;
• coordination of the activities of territorial divisions;
• certification of workers involved in the production, transportation, storage, sale of food and drinking water;
• accounting, statistics and a number of other functions.

SES activities are regulated by the regulation approved by the RF Government Decree No. 322 dated June 30, 2004.

Who can be checked by the SES in Moscow?

This department is endowed with broad rights. For this reason, almost all organizations, institutions, companies, enterprises and entrepreneurs can be inspected by SES.

Most often, the inspections of this department are faced by those who are closely related to serving the population (providing them with services, including household services, the sale of medicines, food and industrial goods, public catering etc.). In addition, preschool and school institutions are often audited.

How is the SPP checked in Moscow?

Before proceeding with the check, the SES specialist must present you with a certificate along with an order to carry it out, signed by the head territorial department of SES management... The order must contain all the necessary information about the time of the check, the address at which it will be carried out, and the data of the inspectors.

By the way, with regard to the timing, the check should not be longer than 20 days. The duration can be increased only in certain cases and by order of the SES management. Notification of this to the head of the organization is required.

When carrying out on-site inspections of small enterprises, inspectors are given no more than 50 hours a year, and if it is a micro-enterprise, no more than 15 hours.

To determine the duration of the inspection of one legal entity, it is necessary to add up the time spent on inspections conducted by any supervisory authorities during the year

What is checked by the territorial department of the SES management?

Often, SES inspections are carried out on applications from the population regarding violations in the operation of trade and catering enterprises, on complaints from citizens regarding violations of garbage and waste storage in the territories adjacent to enterprises, their exceeding the permissible noise level, etc.

For all appeals, the territorial controlling body has the right to organize an inspection:

• the correctness of registration of work books and employee contracts;
• availability of documentation confirming the qualifications of employees (copies of educational documents);
• whether employees have medical books;
• the presence and maintenance of logs, which keep records of control activities in accordance with russian legislation (Article 16 of the Law "On the Protection of the Rights of Legal Entities ..." dated 26.12.2008 No. 294-FZ);
• availability of certificates for goods, excise taxes on it;
• check of cash register machines (cash registers);
• premises, etc.

Inspectors have the right to carry out control purchases of goods. During the inspection, the inspector can take samples and samples of products to send them for research with the mandatory drawing up of a protocol. All necessary documentation must be provided to him.

When it comes to checking premises, then more often it is a visual inspection. In addition, the necessary measurements of areas, window and door openings are carried out, which must comply with existing standards.

Attention is paid to the presence and serviceability of ventilation, its isolation from the air ducts of residential buildings and premises. The premises itself should not have significant deviations from the declared project, which is drawn up, including taking into account the state of the enterprise. For example, SanPiN sets the area norm for 1 employee - and it must be observed.

Documents provided to the SES inspectors

During the inspection, inspectors note the presence of:

• signboards in accordance with the requirements;
• corners of consumers (clients, patients);
• prices for goods or services rendered signed by the head;
• certificates of ownership of the premises or a lease agreement;
• contracts for garbage collection and disinfection, disinsection, deratization;
• charter of the organization, certificate of assignment of TIN;
• logs for checking sanitary conditions, sanitary-epidemiological and expert opinions;
• licenses to exercise business activities and other documents.

It should also be said that there may be differences in the requirements for mandatory documentation depending on the region.

SES inspectors evaluate all submitted documentation in terms of legality, compliance with regulations, provisions.

SES powers following the audit

Based on the results of the inspections carried out by the SES, conclusions are issued indicating the identified violations, measures are proposed (recommendations are given) to eliminate them, and instructions are issued regarding the punishment of the perpetrators.

In case of failure to comply with the requirements of the inspectors, the heads of organizations (entrepreneurs) are brought to administrative responsibility in accordance with the norms of the legislation (part 1 of article 19.4 of the Administrative Code of the Russian Federation).

This norm provides for a fine, the amount of which for officials range from 2,000 to 4,000 rubles.

What is outside the competence of the SES?

The powers of the SES are not unlimited. So, for example, inspectors are not entitled to:

• carry out a scheduled inspection without the presence of officials or persons who are representatives of the legal entity in respect of which it is being carried out (the exception is cases when there is a threat to the health and life of citizens, representatives of fauna and flora, state security or in case of man-made disasters);
• withdraw original documents or demand documents, information or samples of products that are not subject to verification;
• exceed the terms of the inspection, which are provided for by the current legislation;
• take samples (samples) of products for further research or examination in excess of the norms established by the standards and without drawing up the relevant documents (acts of selection);
• issue instructions to organizations and individual entrepreneurs regarding the implementation of control measures at their expense.

SES control body

The control body of the SES is engaged in checking documents and sanitary and hygienic conditions. First of all, let us note that each type of enterprise requires its own list of documents. Accordingly, verification of SES products and office verification law firm will differ slightly in terms of the requirements for the organization. SES can check everything, from medical records of personnel and ending with statutory documents.

Preparation for SES inspections

SUE MGCD offers professional assistance in preparing a set of necessary documents for the successful passage of inspections by the SES for individual entrepreneurs and legal entities, regardless of the nature of the activity. We conduct consultations on the areas of SES verification and audit of existing documents for checking the SES, as well as execution of all the necessary documentation.

Scheduled SPP checks

A planned SPP inspection usually takes place after the company is notified of the inspection with the appointment of a specific date. According to the schedule of inspections of the SES 2017, scheduled inspections for companies are carried out every 3 years (except medical organizations) or in the event of a notification of a new activity. You can see if your company is included in the SES inspection plan for 2017 on the official website.

Scheduled inspections are carried out on the basis of an annually drawn up plan (schedule), which can be found on the official websites of the territorial bodies of this department and prosecutors in the regions. The plan contains the following data:

• date of inspection;
• its duration;
• persons in respect of whom the check will be carried out;
• subject of verification.

In accordance with the law on the protection of the rights of entrepreneurs during inspections, a legal entity must be notified of the planned inspection at least 3 days before its start. The inspection body notifies legal entities of the planned actions as follows:

• by post with acknowledgment of receipt;
• personal delivery of the notice to the legal representative of the legal entity against signature.

Such checks are carried out at least 3 years later:

• after registration of a legal entity;
• starting business activities;
• from the day the previous check ended.

Unscheduled SPP inspections

Please note that since 2015, SES has the right to conduct an unscheduled inspection. This applies to catering organizations, manufacturers and sellers food products... There are several reasons for this kind of checks:

• complaint from a consumer, authorities and local government employees
• poor quality of services or products

In the course of such a check, as a rule, the information received is proved or refuted. But even during unscheduled inspections, the head of the enterprise is informed at least a day in advance, if there is no emergency case of poisoning or serious infections.

Unscheduled inspections can be carried out:

• after the expiry of the terms established for the execution of previously issued orders;
• upon admission to territorial bodies SES of appeals reporting facts that pose a threat to the life and health of citizens and the environment;
• in cases of violation of consumer rights.

If the applications of individuals and legal entities do not indicate specific facts of violations or they are submitted anonymously, then the verification will be refused. It should also be mentioned that an unscheduled inspection is possible only with the consent of the prosecutor's office, which is a supervisory authority. Otherwise, its results will be invalidated.

Exceptions are allowed in cases where the SES receives emergency messages about situations that pose a threat to the life and health of people, animals and flora, objects of historical value, or the security of the country.

A legal entity should be notified about the upcoming inspection no later than one day before its start. In case of emergency this requirement may not be respected.

On-site and documentary checks

On-site and documentary inspections can also be scheduled and unscheduled.

In the first case, in addition to documentation, goods, equipment, premises and territories are checked.

In the second, the check is carried out without visiting the place, while required documents in SES are provided by a legal entity. If during it serious violations are revealed, then it is possible to appoint an on-site inspection. In the course of documentary verification, it is allowed to conduct research and documentation, and product samples.

SES penalties

SES fines may affect you if any violation is detected. Depending on the nature of the violation, there may be orders to correct violations, a monetary fine, suspension of the company's activities for up to 90 days, and even criminal liability in especially serious cases. You can look at the full table of penalties for SES for legal entities on the Internet.

• Only the head of the company or a trusted person can represent the organization during the inspection of the SES. If at the time of the inspection the manager or the authorized representative is absent, the company has the right to refuse the inspection to the SES employees. However, this rule should not be abused.
• Check the documents of the officials. If there are any violations in them, then this is also the right to refuse to check your organization by these SES employees.
• The SES check should take place clearly according to the regulations, which describe what actions the commission has the right to perform and what not. Please read the document before checking. You can download the regulations for the SPP check on the Internet.
• When checking in, don't worry, behave as you would on a normal day. There is no need to imagine the SES inspection as a terrible monster. These are ordinary people who want to do their job well. In addition, everything that the SES checks is, first of all, for your benefit and the successful development of your business.
• If you know the date of the inspection, prepare for it in advance, check all the necessary documents and the sanitary condition of the company.
• You must have a log for recording SES inspections, in which all inspection data are entered. This is useful in case of evidence that the check has already taken place.

Not a single entrepreneur is insured against the inspection of his institution by the inspectors of Rospotrebnadzor. If during the verification process any violations are revealed, then the owner can be brought to disciplinary, administrative, civil and even criminal liability. Therefore, it is extremely important to worry in advance about successfully passing any planned or unscheduled inspection.

Whom can Rospotrebnadzor check

In theory, the Rospotrebnadzor Administration has the right to inspect any individual entrepreneur or legal entity. However, the supervisory authority has certain priorities:

• Food industry and catering enterprises. Since a violation of sanitary rules or errors in technological process at such enterprises can lead to serious consequences for the health and even life of people, they are checked more often than others.
• Organizations specializing in recreation, education or training of children. The protection of the younger generation takes a special place in the work of law enforcement and regulatory agencies, so if you are the owner of such an organization, be sure that you will have to face more than one Rospotrebnadzor inspection.
• Companies that closely interact with consumers. We are talking about trade, work in the service sector, educational activities - any kind of organization that is in direct contact with a large number of people.

Scheduled and unscheduled inspections

Rospotrebnadzor inspections are divided into two main categories:

Planned

They are held every three years on the basis of a schedule that is formed at the beginning of the year for the next 12 months. You can get acquainted with the current schedule on the official website of the Rospotrebnadzor Office. This document specifies when and what it is planned to check each specific organization... Three days before the start of a scheduled check, you should be warned about it. The corresponding notification can be sent directly to the addressee in the hands, or sent by the postal service.

In 2017 and 2018, small businesses were exempted from scheduled inspections. This exemption does not apply to organizations working in the field of organizing public events, education and health.

Unscheduled

Such inspections are carried out without a schedule, most often they are associated with consumer complaints. At the same time, not every consumer appeal can become a reason for organizing an unscheduled inspection: if it does not mention real cases violation of sanitary or other rules, the applicant will be denied. Refusal will also occur if the applicant sent his appeal anonymously.

An unscheduled inspection is not exclusively an initiative of Rospotrebnadzor. For it to really take place, it must be approved by the prosecution authorities. By law, the supervisory authority must inform you of an unscheduled inspection 24 hours before it begins. This rule does not apply to organizations that work with food products: employees of Rospotrebnadzor may come to them without prior warning.

In addition, in the event of an emergency that poses a threat to the health or life of people or animals, the supervisory authority can come with an inspection without the approval of the prosecutor's office and without warning 24 hours in advance, even if the organization does not work with food.

All cases when an unscheduled inspection can be organized are reduced to the following:

• Reasonable complaints of citizens about violations of their legitimate interests and the rights of the organization.
• The emergence of a threat to the environment, security of the country, to the life or health of people, animals, plants, as well as the likelihood of emergencies of a man-made or natural nature.
• Damage to the environment, security of the country, life or health of people, animals, plants, as well as the occurrence of emergencies of a technogenic and natural nature.
• The end of the period allotted for the execution of the order on the need to eliminate any violation (i.e., retest after the one that failed to pass without comment).

What will be checked in the store, in documents

Rospotrebnadzor employees will definitely check:

• Compliance with the requirements of the law on consumer protection.
• Compliance with sanitary and hygienic standards.
• Certification of employees depending on the area of \u200b\u200bwork (for example, cooks, pharmacists).
• Availability of up-to-date manuals for employees working with products, childcare, etc.
• Compliance with the requirements of laws to improve energy efficiency and energy saving.

If the check is carried out due to a consumer complaint, then the employees of Rospotrebnadzor can expand it and also control:

• Availability of certificates for the goods sold.
• Product quality (for this, samples will be taken, which will subsequently be tested in the laboratory).
• The correctness of the execution of labor contracts with employees of the organization.
• Correctness of work and settings of cash registers.
• Compliance of the premises in which your organization is located, with the current requirements and norms (for this, among other things, the necessary measurements will be performed).

Separately, it is worth noting the list of documents that must be correctly drawn up in order to avoid claims from the regulatory body:

• Constituent documents such as the Charter of the organization and TIN.
• Licenses to sell goods or provide services.
• Production control program (it should regulate the air temperature and the degree of illumination in the premises, the frequency of cleaning, washing clothes, etc.).
• Signboards.
• Menu, catalogs, price lists.
• Consumer corners.
• Premises lease agreement or documents confirming your ownership of it.
• Agreements with specialized organizationswho are engaged in disinfection, removal and disposal of waste, etc.
• Registered disinfectant register.
• Epidemiological and Sanitary Inspection Journal.
• Sanitary books of employees, if any are necessary for your occupation.

How is the check

Any inspection by Rospotrebnadzor begins with the fact that the inspected entrepreneur or legal entity is ordered to carry it out. This document must be signed by the head of the territorial department of the Office of Rospotrebnadzor.

Also, there must be indicated the data of the inspectors who will check your organization, information about the time of the check, the address of its conduct. All the specialists of the regulatory body with whom you will contact must present their identification.

Verification can be carried out in one of two formats:

Documentary

In this case, the inspectors initially examine the documentation of an individual entrepreneur or legal entity that is already at their disposal (notification of the start of work, the results of past inspections, cases of violations, etc.). If the data contained in these documents raise doubts among the employees of Rospotrebnadzor about their authenticity, or if they are not enough to assess compliance with legal requirements, then the owner of the audited organization will be asked for other documents. At the same time, inspectors do not have the right to demand papers that are not related to the subject of inspection.

Outgoing

When organizing such an inspection, representatives of Rospotrebnadzor will be interested not only in documents, but also in many other things: for example, compliance of employees with established requirements and standards, the condition of premises, structures and equipment, the quality of goods sold and / or produced, etc. An on-site check is organized if the documentary check would not allow obtaining the most complete and reliable data. In addition, it is carried out to assess the compliance of the organization's real activities with the current legislative requirements.

On-site inspection will include familiarization of inspectors with documents, visual inspection of the premises of the enterprise (including lighting, refrigeration equipment, ventilation) and checking the quality of goods. Please note: inspectors have no right to take the original documents from you, that is, they can only request copies of them.

During a visual inspection, the head of the organization or his authorized person must be present. In the absence of him on the spot, employees of Rospotrebnadzor can conduct an examination only if it is an unscheduled inspection associated with the emergence and spread of infections or non-infectious mass diseases.

A test purchase can be performed to check product quality. Also, during the on-site inspection, samples and samples of the goods sold for measurement and research may be collected, however, the relevant provisions must be specified in the order.

Upon completion of the entire procedure, the employees of the controlling body draw up an act in duplicate, where they indicate the results of verification actions. On the act, a note must be made that the head of the organization is familiar with him, or that he refused to get acquainted with the proposal. In the same act, you can indicate that you agree or disagree with the results of the audit or with any individual actions of the representatives of Rospotrebnadzor.

Performance penalties: what are they, what they are assigned for, and how much you have to pay

If during the check any violations are found, then you will face one of the following situations:

Elimination order

Drawing up an order on the need to eliminate the detected violation. This is the most benign version of sanctions from Rospotrebnadzor. After a certain period of time, which will be indicated in the order, your institution will again check and control the correction of the violation.

Penalties

The imposition of penalties in accordance with the severity of the violations identified, for example:

• 0.5 to 10 minimum salaries for non-compliance with sanitary standards and requirements.
• From 10 to 20 minimum wages for violation of the rules for the operation of premises.

The imposition of large-scale penalties (from 100 to 200 minimum wages) upon detection of:

• Real threats to human lives.
• The facts of harm to animals and / or the environment.
• Violations that can cause poisoning or massive infectious diseases.
• Goods or services that pose a potential danger to the nation.

Deprivation of liberty

Deprivation of liberty for a term of 2 to 5 years upon detection of global violations of current norms and rules, constant neglect of one's duties, as well as endangering the lives of a large number of people. The specific time frame in this case will depend on the scale of the harm caused by the activities of the organization.

It is also worth noting that those legal entities or individual entrepreneurs who evade payment of fines issued to them after previous inspections by Rospotrebnadzor can also be held liable.

Terms of verification

The procedure cannot last more than 20 working days. In addition, in relation to one small business representative, the total period of on-site inspections (scheduled type) should not exceed:

• 50 hours for a small business per year.
• 15 hours for a micro-enterprise per year.

If during the inspection it becomes necessary to carry out lengthy and complex examinations, investigations and studies, then the period for its conduct may be extended by another 20 working days. For small and micro-enterprises, it is permissible to extend the period of the procedure by 15 hours.

How to behave during the check

Competent behavior of the head during the inspection of Rospotrebnadzor, although not a guarantee of a favorable outcome, can contribute well to it. In order not to aggravate the situation with your behavior and, perhaps, even improve it somewhat, you can use the following tips:

• Videotape the entire review process and try to clearly document any irregularities that the reviewers will commit. Subsequently, this will help you prove your case and challenge the results of the procedure.
• Read the inspection order carefully and do not let the inspectors do too much. They should not require documents that are not relevant to the subject of the audit, and you are not required to provide them. Moreover, such requirements are contrary to the law and may become grounds for canceling the results of the audit.
• If you doubt that the procedure will be performed correctly, then you can request participation in the audit of the Ombudsman for the Protection of the Rights of Entrepreneurs in the region in which you work, the Presidential Ombudsman for the Protection of the Rights of Entrepreneurs or a lawyer.
• Remember that within 15 days after drawing up an act with the results of the inspection, you can challenge them by attaching the appropriate evidence (documents, videos, etc.).
• Try to prepare for Rospotrebnadzor inspections not on the last day, but constantly. In other words, try to comply with most of the requirements and regulations prescribed by law for your business. Otherwise, employees accustomed to a different work format can make mistakes that will cost you big money... Some entrepreneurs even conduct special inspections-trainings to make sure their state is ready for the arrival of real inspectors.
• Do not be rude and do not be rude to the employees of Rospotrebnadzor, so as not to set them against yourself or, even worse, not to get a lawsuit for insult. Communicate with them politely and tactfully, but also show that you know your rights and stand up for them with confidence.

Inspection violations

If you think that the inspector indicated inaccurate information in the act, or if he was interested in issues that are not related to the object of inspection, then we can talk about violations by the representatives of Rospotrebnadzor. You can and should challenge an unlawful decision, and you also have the right to apply for support to the Chamber of Commerce and Industry or specialized public organizations.

If you fail to achieve justice at this stage, then you can contact the prosecutor's office and the ombudsmen of various levels. If, after this, the dispute with the supervisory authority is not resolved, then you should send a claim to the judicial authorities. However, it is advisable that the results of the audit were canceled at the previous stages, since the court proceedings sometimes last for several years.

Conclusion

Thus, the check by Rospotrebnadzor is a rather serious test, but you are more than able to overcome it. It is enough just to follow most of the rules during work and adequately prepare for the start of the test. At the same time, do not be afraid to film the procedure on camera and defend your rights, and in case of violations by inspectors, demand the cancellation of the results of their work.

Read also

We have ready-made solution and equipment for

Try all the features of the EKAM platform for free

Privacy agreement

and processing of personal data

1. General Provisions

1.1. This agreement on confidentiality and processing of personal data (hereinafter referred to as the Agreement) is freely accepted and of its own free will, applies to all information that LLC Inseils Rus and / or its affiliates, including all persons belonging to the same group with LLC "Insails Rus" (including LLC "EKAM service") may receive information about the User during the use of any of the sites, services, services, computer programs, products or services of LLC "Insails Rus" (hereinafter referred to as the Services) and in the course of execution of any agreements and contracts with the User by Insales Rus LLC. The User's consent to the Agreement, expressed by him in the framework of relations with one of the listed persons, applies to all other listed persons.

1.2 Use of the Services means the User agrees with this Agreement and the conditions specified therein; in case of disagreement with these conditions, the User must refrain from using the Services.

"Insails" - Society with limited liability "Inseils Rus", PSRN 1117746506514, INN 7714843760, checkpoint 771401001, registered at the address: 125319, Moscow, Akademika Ilyushin st., 4, building 1, office 11 (hereinafter - "Insales"), on the one hand and

"User" -

or individualwho has legal capacity and is recognized as a participant in civil legal relations in accordance with the legislation of the Russian Federation;

or a legal entity registered in accordance with the legislation of the state of which such person is a resident;

or an individual entrepreneur registered in accordance with the legislation of the state of which such a person is a resident;

which has accepted the terms of this Agreement.

1.4 For the purposes of this Agreement, the Parties have determined that confidential information is information of any nature (production, technical, economic, organizational and others), including information about the results of intellectual activity, as well as information about how to implement professional activity (including, but not limited to: information about products, works and services; information about technologies and research projects; information about technical systems and equipment, including software elements; business forecasts and information about prospective purchases; requirements and specifications of specific partners and potential partners; information related to intellectual property, as well as plans and technologies related to all of the above) communicated by one party to the other in writing and / or electronic form, clearly designated by the Party as its confidential information.

1.5. The purpose of this Agreement is to protect confidential information that the Parties will exchange during negotiations, concluding contracts and fulfilling obligations, as well as any other interaction (including, but not limited to, consulting, requesting and providing information, and performing other instructions).

2. Obligations of the Parties

2.1. The parties agree to keep confidential all confidential informationreceived by one Party from the other Party during the interaction of the Parties, not to disclose, disclose, make public or otherwise provide such information to any third party without the prior written permission of the other Party, except as specified in the current legislation, when the provision of such information information is the responsibility of the Parties.

2.2. Each of the Parties will take all necessary measures to protect confidential information at least using the same measures that the Party applies to protect its own confidential information. Access to confidential information is provided only to those employees of each of the Parties who need it reasonably to fulfill official duties for the execution of this Agreement.

2.3. The obligation to keep confidential information in secret is valid within the term of this Agreement, the license agreement for computer programs dated 01.12.2016, the agreement of accession to the license agreement for computer programs, agency and other agreements and for five years after termination their actions, unless the Parties separately agree otherwise.

(a) if the information provided has become publicly available without violating the obligations of one of the Parties;

(b) if the information provided has become known to the Party as a result of its own research, systematic observations or other activities carried out without the use of confidential information received from the other Party;

(c) if the information provided is lawfully obtained from a third party without the obligation to keep it secret until it is provided by one of the Parties;

(d) if the information is provided at the written request of a public authority, otherwise government body, or a local government body in order to perform their functions and its disclosure to these bodies is mandatory for the Party. In this case, the Party must immediately notify the other Party of the received request;

(e) if the information is provided to a third party with the consent of the Party, information about which is transferred.

2.5. Insales does not verify the accuracy of the information provided by the User and does not have the ability to assess his legal capacity.

2.6. The information that the User provides to Inseils when registering in the Services is not personal data, as they are defined in the Federal Law of the Russian Federation No. 152-ФЗ dated July 27, 2006. "About personal data".

2.7 Insales reserves the right to amend this Agreement. When making changes in the current edition, the date of the last update is indicated. The new version of the Agreement comes into force from the moment it is posted, unless otherwise provided by the new version of the Agreement.

2.8. By accepting this Agreement, the User realizes and agrees that Inseils can send the User personalized messages and information (including but not limited to) to improve the quality of the Services, to develop new products, to create and send personal offers to the User, to inform the User about changes in Tariff plans and updates, to send the User marketing materials on the subject of the Services, to protect the Services and Users and for other purposes.

The user has the right to refuse to receive the above information by notifying it in writing to the email address of Inseils -.

2.9. By accepting this Agreement, the User understands and agrees that the Insails Services may use cookies, counters, other technologies to ensure the performance of the Services as a whole or their individual functions in particular, and the User has no claims against Inseils in this regard.

2.10. The user is aware that the equipment and softwareused by him to visit sites on the Internet may have the function of prohibiting operations with cookies (for any sites or for certain sites), as well as deleting previously received cookies.

Insales has the right to establish that the provision of a certain Service is possible only provided that the acceptance and receipt of cookies is permitted by the User.

2.11. The user is solely responsible for the security of the means chosen by him to access the account, and also independently ensures their confidentiality. The User is solely responsible for all actions (as well as their consequences) within or using the Services under the User's account, including cases of voluntary transfer by the User of data to access the User's account to third parties on any terms (including under contracts or agreements) ... In this case, all actions within or using the Services under the User's account are considered to have been performed by the User himself, except for cases when the User has notified Inseils about unauthorized access to the Services using the User's account and / or about any violation (suspicions of violation) of the confidentiality of his means of access to the account.

2.12 The User is obliged to immediately notify Insails about any case of unauthorized (not authorized by the User) access to the Services using the User's account and / or about any violation (suspicion of violation) of the confidentiality of his account access means. For security reasons, the User is obliged to independently carry out a safe shutdown under his account at the end of each session of work with the Services. Insales is not responsible for possible loss or damage to data, as well as other consequences of any nature that may occur due to violation by the User of the provisions of this part of the Agreement.

3.Responsibility of the Parties

3.1. A Party that has violated the obligations stipulated by the Agreement regarding the protection of confidential information transferred under the Agreement is obliged to compensate, at the request of the affected Party, for real damage caused by such a violation of the terms of the Agreement in accordance with the current legislation of the Russian Federation.

3.2 Compensation for damage does not terminate the obligations of the offending Party to properly fulfill its obligations under the Agreement.

4.Other provisions

4.1. All notices, inquiries, requests and other correspondence under this Agreement, including those that include confidential information, must be made in writing and delivered in person or through a courier, or sent by e-mail addresses specified in the license agreement for computer programs dated 01.12.2016, the agreement of accession to the license agreement for computer programs and in this Agreement or other addresses that may be further indicated by the Party in writing.

4.2 If one or more provisions (conditions) of this Agreement are or become invalid, then this cannot serve as a reason for the termination of other provisions (conditions).

4.3 The law of the Russian Federation shall apply to this Agreement and the relationship between the User and Insales arising in connection with the application of the Agreement.

4.3. All suggestions or questions regarding this Agreement, the User has the right to send to the Inseils User Support Service or to the postal address: 107078, Moscow, st. Novoryazanskaya, 18, str. 11-12 Business center "Stendhal" LLC "Inseils Rus".

Date of publication: 01.12.2016

Full name in Russian:

Limited Liability Company "Insales Rus"

Abbreviated name in Russian:

LLC "Insails Rus"

Name in English:

InSales Rus Limited Liability Company (InSales Rus LLC)

Legal address:

125319, Moscow, st. Academician Ilyushin, 4, building 1, office 11

Mailing address:

107078, Moscow, st. Novoryazanskaya, 18, p. 11-12, BC "Stendhal"

INN: 7714843760 Checkpoint: 771401001

Bank details:

CHECKS BY ROSPOTREBNADZOR - REMINDER TO THE ENTREPRENEUR!

1. Types of checks

2. Whom can Rospotrebnadzor check?

3. What does Rospotrebnadzor check?

4. How is the inspection of Rospotrebnadzor

5. The most common penalties of Rospotrebnadzor:

6. How to prepare for an inspection by Rospotrebnadzor?

Many entrepreneurs working in various areas of business, when carrying out their activities, have to have a relationship with the Federal Service for Supervision of Consumer Rights Protection and Human Welfare, or in a simple way, Rospotrebnadzor! This agency controls government organization and makes orders and imposes fines. Any business is obliged to build the correct strategy for relations with Rospotrebnadzor in order to avoid sanctions from it. Every entrepreneur is obliged to know how Rospotrebnadzor conducts inspections! Below is the basic information about the inspections carried out by Rospotrebnadzor under its authority!

TYPES OF CHECKS

Rospotrebnadzor, within the framework of the current legislation, can carry out inspections of the following main types:

Planned, which are held once every 3 years for a separate organization or a private entrepreneur on the basis of a schedule developed for a calendar year in advance. This document describes the subject of the inspection, the timing and the name of the inspected subject.

entrepreneurial or other activity, which will be officially warned about it no later than 3 days before the arrival of Rospotrebnadzor employees. An exception is made by organizations operating in the system of public events, education and health care;

Unscheduled, which are carried out on the basis of complaints and appeals of citizens, as well as to monitor the implementation of previously issued orders to eliminate violations. Verification is not conducted on the basis of anonymous or confidential claims. In addition, any unscheduled inspection must be coordinated with the prosecutor's office. In the food-related business sectors, unscheduled inspections are conducted without warning. In critical cases, when there is a real threat to human and animal health, the inspection is carried out without the approval of the prosecutor's office;

Offsite or documentary. This type of inspections determines the very procedure for the relationship between the inspector and the business. An employee of Rospotrebnadzor can personally visit the enterprise to be inspected, or request a package of documents for research at his own workplace.

WHOM ROSPOTREBNADZOR CAN CHECK?

The answer to this question is quite simple! Almost any enterprise, but most often it is a business that works in the field of consumer relations, that is, closely related to the population, is checked. Enterprises of trade, food production, providing various services, education - this is not a complete list of organizations that can be inspected by Rospotrebnadzor employees.

WHAT DOES ROSPOTREBNADZOR CHECK?

The jurisdiction of Rospotrebnadzor includes many different functions that are carried out by specialists in different directions. This organization has been delegated all the control and revision powers previously exercised by the sanitary and epidemic stations. Rospotrebnadzor exercises control in the following areas:

Compliance with consumer protection legislation;

Monitoring of the sanitary and epidemiological situation at enterprises;

Certification of employees working in contact with food;

Audit of the hygienic and social environment of enterprises;

Compliance with norms and laws in the field of energy conservation.

Often, after receiving complaints from citizens, Rospotrebnadzor initiates a comprehensive unscheduled check of the correctness of labor relations, the availability of sanitary books, KKM and product certificates, as well as the compliance of the premises used with norms and standards.

HOW DOES THE ROSPOTREBNADZOR CHECK PASS

All checks begin with an audit of documents. The inspector has the right to request any documentation that is within the competence of Rospotrebnadzor. When conducting an on-site inspection, an employee of the department must present:

Personal identity card;

An order for carrying out control measures.

As a result of the check, an act or conclusion is drawn up, which reflects all the violations that must be eliminated. The inspector of Rospotrebnadzor, if violations are found, can issue an order for elimination, impose a fine, suspend the activities of the enterprise until the violations are eliminated, or refer the case to the courts.

THE MOST COMMON PENALTIES OF ROSPOTREBNADZOR:

IMPORTANT! The conclusion of the inspector of Rospotrebnadzor can be appealed within 3 months from the date of registration of orders or the imposition of a fine in the higher structure of Rospotrebnadzor or directly in court!

LIST OF REQUIRED DOCUMENTS

FOR DOING BUSINESS:

IN THE FIELD OF CLOTHING AND FOOTWEAR TRADE:

2. Federal Law of 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".

community of the customs union commission on the adoption of technical

regulations of the customs union "on the safety of products of light

industry ".

4. Decree of the Government of the Russian Federation of January 19, 1998 No. 55 "On approval of the rules for the sale of certain types of goods, the list of durable goods, which are not subject to the buyer's requirement to provide him with similar goods for the period of repair or replacement, and the list non-food products of proper quality, not subject to return or exchange for a similar product of a different size, shape, dimension, style, color or configuration ”.

IN THE FIELD OF ACTIVITIES OF RESTAURANTS, CAFES, BANQUET ROOMS:

1. Federal Law of December 26, 2008 No. 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the implementation of state control (supervision) and municipal control."

2. Federal Law of March 30, 1999 No. 52-FZ "On the Sanitary and Epidemiological Welfare of the Population".

3. Federal Law of June 24, 1998 No. 89-FZ "On Production and Consumption Wastes", edition No. 22 of December 29, 2014.

5. Federal Law of 23.11.2009 N 261-FZ "On Energy Saving and on Increasing Energy Efficiency and on Amending Certain Legislative Acts of the Russian Federation".

8. Order of the Ministry of Health and Social Development of the Russian Federation of April 12, 2011 No. 302 / n "On approval of lists of harmful and (or) dangerous production factors and works in the performance of which mandatory preliminary and periodic medical examinations (examinations) are carried out, and the procedure for carrying out these examinations (examinations) of workers employed in heavy work and in work with harmful and (or) dangerous working conditions. "

9. Uniform sanitary - epidemiological and hygienic requirements for goods subject to sanitary - epidemiological supervision (control), approved by the decision of the Customs Union Commission dated May 28, 2010 No. 299.

10. SP 2.3.6.1079-01 "Sanitary and Epidemiological Requirements for Public Catering Organizations, Manufacturing and Circulation of Food Raw Materials and Food Products in them".

11. SanPiN 2.3.2.1324-03 "Hygienic requirements for the shelf life and storage conditions of food".

12. SP 1.1.2193-07 "Changes and additions No. 1 to SP 1.1.1058-01" Organization and implementation of production control over compliance with sanitary rules and the implementation of sanitary and anti-epidemic (preventive) measures "".

13. SanPiN 2.3.2.1078-01 "Hygienic requirements for the safety and nutritional value of food".

14. TR CU 021/2011 " Technical regulations Customs Union "On Security food products"(Approved by the Decision of the Customs Union Commission dated 09.12.2011 No. 880)".

15. TR CU 029/2012 "Technical Regulations of the Customs Union" Safety requirements for food additives, flavorings and technological aids "(Approved by the decision of the EEC Council dated 20.07.2012 No. 58)".

16. TR CU 034/2013 "Technical regulations of the Customs Union" On the safety of meat and meat products "(Adopted by the Decision of the EEC Council dated 09.10.2013 No. 68)".

HOW TO PREPARE FOR ROSPOTREBNADZOR'S CHECK?

TIP! Do not panic when you receive a notification about an inspection or a sudden arrival of a Rospotrebnadzor employee. If necessary, invite a lawyer. Strictly monitor the compliance of the inspectors with legal norms and everything will be in order!

Most the best way to avoid unreasonable decisions of Rospotrebnadzor employees during the inspection is to involve specialists in this area in the process, but such a service is not cheap. It is very difficult to put your activities and documentation in order on your own, so you should run your business in such a way that the inspector of Rospotrebnadzor cannot find fault with anything!

Control Federal Service on supervision of consumer rights protection and human welfare in the Republic of Dagestan

As you know, managers and employees of various enterprises, organizations and firms have to not only strictly observe the established laws, norms and rules, but also regularly communicate with inspectors. Therefore, we can fully explain the interest of representatives of small and medium-sized businesses regarding the principles of conducting control and supervisory activities. What are the employees of Rospotrebnadzor checking? What areas of activity are covered by the powers of this supervisory authority? Which organizations can an inspection specialist come to? About this and not only a conversation with Tatyana Gennadyevna ROMANOVA, Acting Head of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare in the Republic of Khakassia

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

The main document governing the procedure for supervising the activities of organizations is the Federal Law of December 26, 2008 No. 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control." However, it should be emphasized that its provisions are not applied when investigating the causes of infectious and mass non-infectious diseases or poisoning. That is, if such emergencies occur in an organization, our specialists will have the right to conduct an investigation at any time. We have the right to carry out both scheduled and unscheduled inspections.

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

Federal Law No. 294-FZ states that scheduled inspections are carried out no more than once every 3 years. However, with regard to budgetary institutions carrying out activities in the field of health care, education, in social sphere, scheduled inspections may be carried out more frequently. A specific list of such activities and the frequency of scheduled inspections are determined by the RF Government Decree of November 23, 2009 No. 944.

- What documents must the specialists of the Department, who check this or that organization, present?

The check is carried out on the basis of the order of the head (deputy head) of the Rospotrebnadzor Department. Sealed orders are handed over against signature to the head of the legal entity (or his representative) or to the entrepreneur. At the same time, the inspectors must present their IDs.

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

How long will it take for a newly created organization not to come with an inspection from the Office of Rospotrebnadzor?

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

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

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

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

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

- Which organizations fall under the special scrutiny of Rospotrebnadzor?

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

- What can cause an unscheduled inspection?

Monitoring compliance with the requirements of sanitary and consumer legislation is not limited to routine inspections only. Specialists of the Rospotrebnadzor Department can also come with an unplanned visit. But this requires legal grounds.

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

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

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

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

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

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

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

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

- Does the Rospotrebnadzor Administration warn the organization that it is going to come there with an inspection?

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

But if, as a result of the activities of a legal entity or individual entrepreneur, harm is or is done to the life, health of citizens, harm to animals, plants, the environment, state security, as well as emergencies or may arise, no prior notification is required.

- Is it possible to get acquainted with the list of planned inspections of the Department for 2013?

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

Tatyana Gennadievna, is it possible to start checking in the absence of the head of the organization? Suppose your employees come for a check, but the company's management is not there?

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

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

And what rights does the head of the enterprise, which the specialists of Rospotrebnadzor have come to check with?

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

What problem regularly becomes the topic of conversation at the meetings of the management of the Rospotrebnadzor Administration with entrepreneurs?

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

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

These are the nuances for business leaders individual entrepreneurs should be taken into account more seriously in your work. And not only to avoid fines and other administrative penalties. We are talking about the health of employees of organizations, the population. Therefore, any check should be treated with understanding and readiness to eliminate all identified violations.
Trust me, every protocol is about preventing a threat to human health.

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