As a rule, inspections by control and supervisory authorities are planned in advance. However, there are times when there is a need to conduct an inspection outside the plan, not planned. On what grounds and how such checks are carried out, let's find out.
ATTENTION : our lawyer will accompany any unscheduled inspection of an organization or individual entrepreneur by government agencies
What types of Rospotrebnadzor inspections are there?
There are 4 types of verification activities that Rospotrebnadzor uses in its practice:
Scheduled checks
Such inspections are carried out according to schedule. A routine inspection of an enterprise is carried out once every 3 years. Every year, a schedule of inspection actions is drawn up, which can be viewed on the official Internet resource of the department - https://rospotrebnadzor.ru. The entrepreneur is notified of this type of event (included in the plan) at least three days before its implementation. Such a notification is given to the responsible person at the enterprise or sent by mail.
In order to reduce the administrative burden on private business entities, as well as to prevent abuse during inspections by departments of various profiles, since 2021, private small and medium-sized enterprises (legal entities, as well as individual entrepreneurs) in Russia have been exempted from scheduled inspections by Rospotrebnadzor. Having adopted Law No. 480-FZ of December 25, 2018, parliamentarians extended the “testing holiday” in this area until December 31, 2020.
Documentary verification
This event is carried out on the territory of the organization (Rospotrebnadzor), or more precisely, in its territorial division. The inspection is carried out using official documents provided by the business entity confirming its compliance with the current legislation in the field of consumer markets, as well as the regulations of the department itself.
Unscheduled inspection
Unscheduled inspections by Rospotrebnadzor are also carried out on the basis of consumer complaints and other (including operational) information that is received by the central office of the department. An unscheduled inspection is usually carried out on site when potential violations are identified. However, the lack of planning for this action does not mean that the enterprise where the inspection is to be carried out is not notified about it. (This is simply necessary to ensure that responsible employees are at their workplaces).
They do not always warn: the exception is enterprises associated with the production and sale of food products - here an unscheduled inspection by Rospotrebnadzor is carried out without warning.
On-site inspection
The basis for organizing such an event, as a rule, is numerous consumer complaints that continue to be received by the department even after unscheduled raids and measures to prevent violations. Such verification is carried out to prevent potential harm to the life and health of a large number of citizens. Rospotrebnadzor employees personally arrive at the enterprise, where they carry out a total inspection of all aspects of economic activity that affect the quality of the final product.
An on-site inspection is most often unscheduled and its goal is not to correct individual “shortcomings” in the operation of the enterprise, but to most effectively suppress the spread of harm. So, based on the results of an on-site inspection, the activities of the enterprise may be suspended.
What to ask from inspectors if you receive an inspection
1. Control authorities cannot conduct an inspection without you. Compliance officials must call you or your representative to come in and begin inspecting your facility. There are exceptions to this rule. This is precisely the harm to human life, a threat to life and health, harm to animals, plants, the environment, cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, state security, as well as the occurrence of natural and man-made emergencies.
2. During any on-site inspection, the inspector must show you his service ID. Be sure to check that the person who came to you is the one whose name and position are indicated in the order (notification) of the inspection? If a different person comes to you, you have the right not to allow him to begin the inspection. The notification must be given to you against signature in advance; we have already indicated the deadlines.
3. Before starting the inspection, you must be shown the agreement between the inspection body and the prosecutor's office; the topic of the agreement must be clearly stated - an inspection of such and such individual entrepreneur such and such. The number and signature must be present. If the resolution is written on company letterhead, then an authority seal is not required. And if all this is on a simple sheet of paper, then you must definitely check for a seal.
4. The resolution on the inspection must indicate the goals, objectives, and grounds for conducting the inspection. The types and scope of activities that will take place during the inspection must also be specified. If this requires it, then it is necessary to indicate all expert councils, the composition of experts participating in the inspection, all organizations that will be involved in the inspection, the timing of its completion and conditions.
Video about changes in the order of appointment of on-site inspections in 2013
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In what cases is an unscheduled inspection of Rospotrebnadzor carried out?
The basis for conducting an unscheduled inspection by Rospotrebnadzor, as already noted, is reports from the field about violations present at a specific facility (enterprise) - complaints from consumers. However, not every such request can initiate an inspection, and even an unscheduled one. So, what conditions must be met in order for verification activities to be carried out:
- The application must not be written anonymously. The agency considers “incognito denunciations” as violating the right of responsible persons at the enterprise to an objective investigation of the circumstances that led to violations.
- The statement must provide a detailed description of each violation. From this document it should be clear what exactly the citizen is complaining about and how it is related to the activities of the enterprise that is the subject of the application.
- Also, unscheduled inspections are carried out after the expiration of the period allocated to the entrepreneur to fulfill a previously issued order (if any) to eliminate violations and inconsistencies discovered during the previous scheduled inspection.
The rules for conducting an unscheduled inspection by Rospotrebnadzor provide that such emergency measures must be carried out in agreement with the Prosecutor's Office of the Russian Federation. In other words, this requires the approval of a prosecutor. And only if:
- there is a danger to the health or even the life of citizens and/or animals;
- The alleged violations occur at a facility associated with the production and distribution of food products.
Only in these cases does Rospotrebnadzor, by law, have the right to “arrive”, firstly, without warning, and secondly, without having a sanction from the Prosecutor’s Office.
The procedure for conducting an unscheduled inspection by Rospotrebnadzor
So, an unscheduled check could be:
- Documentary : it is required to provide official documents to the RPN confirming the enterprise’s compliance with current legislation and the unfoundedness of registered claims.
- On-site : RPN employees themselves identify everything on site.
IMPORTANT : the period for conducting an unscheduled inspection of any type cannot exceed 20 calendar days.
In normal mode, everything starts with a documentary check. During its initiation, the inspector has the right to request a strictly defined list of documents. The law prohibits demanding from responsible persons of the enterprise official documents that are not related to the essence of the matter.
EXAMPLE : in the case of checking the compliance of production control technology with specified standards and requirements, an RPN employee cannot require a conclusion on the completion of a routine medical examination by the company’s personnel. In accordance with RPN order No. 302N, only the medical institution, and not the employing enterprise, must respond to such a request.
You can submit documents to the RPN either in the form of simple (not notarized copies) or in the form of scanned copies via email.
An on-site inspection is carried out if:
- after conducting a documentary check, the department will continue to receive statements of violations;
- after formal elimination of violations identified during the documentary check (within 10 days after sending an official notification about this by the RPN), department employees will have reasonable doubts that all errors or contradictions have actually been eliminated.
Unscheduled on-site inspection of Rospotrebnadzor
The procedure begins with both parties presenting their identification documents to each other (in accordance with Law No. 294-FZ):
- The company being inspected must represent either the general director or a person authorized by him, who must have a notarized power of attorney.
- The RPN employee is obliged to present his official ID, familiarize the director (or an employee authorized by him) with his rights and responsibilities, and also present an order for Rospotrebnadzor to conduct an unscheduled inspection. It must indicate: the subject of the verification activities (what exactly is being checked);
- a list of employees performing the inspection, as well as their powers.
Any third parties not named in this order have no right to take part in the verification procedure (including independent experts hired by one of the parties).
Inspectors at the facility should be provided with most favored nation treatment:
- all doors in the inspected premises must already be open or open upon request;
- For all questions, the necessary explanations must be given and supporting documents must be provided.
ATTENTION! It is much more profitable to immediately draw the attention of RPN employees to violations (if there are any) and ask them to reflect the fact of your cooperation with them in the protocol than to wait for them to identify them on their own. This will create a loyal attitude towards you during the procedure for determining penalties and during possible subsequent proceedings in court.
Promoting the activities of inspectors can also help in the courts if you consider the inspectors’ conclusions to be unfounded and biased. Provided that the reason for the fine is in fact of little significance, the court may reduce the amount of the fine by 2 times. Therefore, the main task during the inspection itself is not to multiply the number of these reasons.
Unscheduled inspection of Rospotrebnadzor without warning - is it legal?
Yes, it is legal, but only in cases where there are appropriate prerequisites for this. And this means the following reasons:
- Substantiated statements (not anonymous) from citizens about serious violations of the law committed on the territory and/or by employees of the inspected enterprise. In this case, supporting documents must be attached to the applications: cash receipts, audio and video recordings, advertising materials, etc.
IMPORTANT! The gradation of the severity of the violations committed can be found on the RPN Internet portal, but trade in counterfeit alcohol can be cited as a striking example.
An unscheduled inspection of a store (for example) by Rospotrebnadzor without warning can be carried out if there are reasonable fears that people or animals may suffer en masse as a result of violation of legal norms and rules.
Should Rospotrebnadzor warn about an unscheduled inspection?
It should be remembered that the very fact of warning the RPN about an unscheduled inspection is not the responsibility of this department! The presence of sufficient grounds is the “internal kitchen” of the RPN, where they also do not want to interfere with the work of private enterprises without special reasons. (Therefore, there must be a compelling reason for such emergency verification actions). But the responsible person of the inspected enterprise cannot complain that the Rospotrebnadzor inspection was carried out without advance notice.
Unscheduled inspection of Rospotrebnadzor based on a complaint
Most often, unscheduled inspections are carried out by RPN in the following areas:
- retail;
- catering facilities;
- consumer services sector;
- construction sector.
Applications are accepted either in person (at the application window in each territorial office of the RPN) or online - by e-mail. In emergency cases, you can leave a voice message by calling the telephone hotline.
IMPORTANT! In any option for filing a complaint, the applicant’s data is required (if filing an electronic complaint, a qualified electronic signature is required). Anonymous applications will not be accepted for consideration.
Before a case is initiated and an order to conduct an unscheduled inspection is issued on its basis, the applicant will have to:
- Appear at the supervisory activities department and provide detailed testimony on the merits of the issue.
- Provide evidence of improper provision of services, or the sale of goods of obviously poor quality. These may be cash receipts, advertising materials, etc., which may indicate that actual results differ from the declared ones.
- Provide your personal data (in particular, you will need to present your passport).
IMPORTANT! The applicant has the right to demand that his personal data be excluded from the case file.
Bottom line
We said terrible things. But that was the topic of the article. The overall situation is actually not so dire. Don’t let you get the feeling that everyone who opens an individual entrepreneur will definitely be subject to monthly, if not daily, inspections and will definitely be fined. No. Many work calmly and successfully. The main thing is to be careful.
Not even every detected violation will result in a mandatory fine. In fact, even inspectors fail; the human factor cannot be canceled anywhere. Therefore, just study additional material on how to behave during inspections.
Well, and finally. Even a simple desire to put into effect the amendments about a “warning” before a fine gives something. Let's hope that things will only get easier in the future, and the verification burden on our entrepreneurs will gradually decrease. There are prerequisites for this.
Rospotrebnadzor - unscheduled inspection of individual entrepreneurs
Verification actions in relation to legal entities and individual entrepreneurs are practically no different in their regulations. The difference is only in the total amount of time during which verification activities can last:
- For small businesses, the total inspection time should not exceed 50 hours per year.
- For micro-enterprises (this includes individual entrepreneurs with a number of employees not exceeding 15 people) – no more than 15 hours.
Extension of the inspection is carried out only if there are grounds by decision of the head of the territorial office of the RPN. In this case, verification actions must be carried out during business hours.
What can happen to an individual entrepreneur?
If violations are discovered during a tax audit, the individual entrepreneur may face penalties. Here are a few of the most common violations:
- Tax reporting was not submitted on time. If the tax is not paid at all, the fine will be at least 1000 rubles*, plus 5% of the tax amount. If the declaration is simply not submitted, the fine is 1000 rubles;
- gross violation of the rules for accounting for income and expenses. A fine of 10 thousand rubles. depending on the results of violations;
- non-payment of taxes. A fine of 20 to 40% of the amount, plus penalties;
- violations of cash register operation. Fine from 10 thousand rubles.
Entrepreneur's responsibility
If the violation is removable, the inspection will allocate a certain time for this. After it expires, the inspection may come again. If the violation is not eliminated, more severe penalties will follow, including the seizure of accounts and a ban on business. All this can lead to the closure of the IP.
