Rospotrebnadzor inspection. Main.

Timing of control activities

The duration of inspections should not exceed 20 days. In exceptional cases, the duration may be increased. The basis for this is the order of Rospotrebnadzor. The entrepreneur is notified about this in advance.

There are situations when a documentary inspection turns into an on-site inspection. Consequently, the total time also increases, which will be 40 days.

For small businesses there are restrictions for an off-site event - 50 hours per year, for a micro-enterprise - 15 hours.

The on-site scheduled inspection may be extended by 20 working days if complex studies are required. The extension of the duration must be approved by the official who previously signed the inspection order. For small businesses, only chief sanitary doctors can do this.

Types and purposes of Rospotrebnadzor inspections

Rospotrebnadzor is vested with extensive powers and exercises supervision and control over the implementation of mandatory requirements of the legislation of the Russian Federation in the field of ensuring the sanitary and epidemiological well-being of the population, protecting consumer rights and in the field of the consumer market, including supervision of compliance with laws and other regulatory legal acts governing relations in areas of consumer protection; carries out, in accordance with the established procedure, inspections of the activities of legal entities, individual entrepreneurs and citizens to fulfill the requirements of legislation in the field of ensuring the sanitary and epidemiological well-being of the population and in the field of protecting consumer rights, as well as technical regulations, state control (supervision) over compliance with the requirements of which is entrusted to the service; organizes the reception of citizens, ensures timely and complete consideration of citizens' appeals, makes decisions on them and sends responses to applicants within the period established by law.

As we can see, one of the functions of Rospotrebnadzor is to check the activities of legal entities, individual entrepreneurs and citizens in fulfilling the requirements of legislation in the field of ensuring the sanitary and epidemiological well-being of the population and in the field of protecting consumer rights.

As a general rule, such inspections cannot be carried out more than once every three years. But this rule applies only to scheduled inspections. There are also unscheduled inspections. These inspections can be on-site or documentary. The duration of documentary and on-site inspections cannot exceed 20 working days.

Any check must be carried out taking into account the operating mode of the person being checked. Rospotrebnadzor employees do not have the right to come during non-working hours of a legal entity or entrepreneur.

Let us examine in more detail the features of each type of inspection.

Nuances of Rospotrebnadzor inspection

One of the important stages is studying the entrepreneur’s documentation. The inspector provides a certified copy of the order and requests a package of documents.

Information contained in state registers does not need to be provided; inspectors study it independently.

Copies of the requested information with the signature of the entrepreneur must be provided within ten working days. Failure to comply with this requirement may result in administrative liability.

During on-site inspections, the inspector presents his identification and an order to carry out control. It indicates all the relevant details of the inspection.

Upon completion of the event, an act (or conclusion) is issued, which indicates the detected violations and instructions for their elimination. One copy of the document belongs to the inspector, the second is given to the entrepreneur.

Information contained in the conclusion:

1. date and place of compilation;
2. examination participants;
3. details of the inspection order;
4. information about the company, its director who was present during the inspection;
5. start and end date;
6. identified violations;
7. the fact that the person being inspected has familiarized himself with the act (confirmation or disagreement with the conclusions of the act, indicating the reasons);
8. a note about making an entry about the inspection in the accounting book;
9. signatures of inspection specialists.

What information is entered into the accounting journal:

• inspection body;
• experts;
• date and duration of the event;
• reasons and objectives of the study;
• identified violations;
• details of the final conclusion.

Unscheduled inspection of Rospotrebnadzor: reasons

Rospotrebnadzor organizes unscheduled inspections in the presence of the following circumstances (clause of the Administrative Regulations):

• receipt by the department or its territorial subdivision of a message (from citizens, legal entities, media, etc.) about the facts:

  violations of consumer rights;

• the emergence of a threat to human life and health;
• causing harm to the life and health of citizens;
• the occurrence (or threat of occurrence) of an emergency situation of a man-made or natural nature;

The legal grounds for conducting an unscheduled inspection by Rospotrebnadzor must be indicated in the order appointing it. It also contains:

• subject and duration of the inspection;
• what territorial division of the department organizes it;
• who will check the organization or individual entrepreneur - full name, position;
• a list of necessary activities, indicating the timing of each stage.

An unscheduled inspection by Rospotrebnadzor based on an anonymous complaint is not carried out. Incoming applications must contain the applicant’s personal data, by which he can be identified. But he has the right to demand their removal from the documents used to initiate the inspection. The appeal must be supported by visual evidence of the violation - photographs, video footage, copies of receipts and other materials.

How to behave during an inspection

The main thing is not to panic!

Follow our tips:

1. contact a lawyer and notify the staff;
2. study the inspectors’ certificates and the order to begin the control activity. Pay special attention to names, dates and other details;
3. read the action plan and the list of requested information;
4. make sure that the inspectors sign the inspection book;
5. analyze the final results recorded in the act.

Features of on-site inspection

An on-site inspection is carried out if during a documentary inspection it is not possible to:

— to verify the completeness and reliability of the information contained in the notification of the commencement of certain types of business activities and other documents at its disposal;

— assess the compliance of the activities of the person being inspected with the mandatory requirements established by law.

The subject of the on-site inspection is the information contained in the documents of the inspected person, as well as the compliance of their employees, the condition of the territories, buildings, structures, structures, premises, equipment, similar objects, vehicles used by the specified person in carrying out activities, goods produced and sold by the inspected person (performed work, services provided) and the measures it takes to comply with mandatory requirements and requirements established by municipal legal acts.

Let us repeat that the on-site inspection should be carried out taking into account the work schedule of the person being inspected. Rospotrebnadzor employees do not have the right to come during non-working hours of a legal entity or entrepreneur.

The procedure for verifying the activities of inspected persons includes the following administrative actions:

— review of documents of persons subject to verification;

- examination of the territories, buildings, structures, structures, premises, equipment, similar objects, vehicles and cargo transported by the said persons, goods produced and sold by them, results of work performed by them, services provided;

— selection of samples (samples) of products, environmental objects and production environments, conducting their research and testing;

— conducting examinations and (or) investigations aimed at establishing a cause-and-effect relationship between the identified violation of mandatory requirements and the facts of harm.

Rospotrebnadzor employees must present to the person being inspected a decree (order) to begin an inspection, signed by the head of Rospotrebnadzor (his deputy) or the head of the territorial body of Rospotrebnadzor (his deputy).

The document must indicate:

— name of the supervisory authority;

- FULL NAME. and the positions of persons authorized to conduct the inspection, as well as experts and representatives of expert organizations involved in the inspection;

— the name of the person being verified, the inspection of which is being carried out, the location of the organization (its branches, representative offices, separate structural divisions) or the place of residence of the entrepreneur, as well as the place where they actually carry out their activities;

— goals, objectives, subject of the inspection and the period for its implementation; legal grounds for conducting an inspection, including mandatory requirements subject to inspection and requirements established by municipal legal acts;

— timing and list of control measures; a list of administrative regulations for the implementation of state supervision;

— a list of documents the submission of which by the person being inspected is necessary to achieve the goals and objectives of the audit;

— start and end dates of the inspection.

Based on the results of the inspection, the person being inspected receives a report containing the results of the inspection, with attachments (results of research, tests, examinations and other documents drawn up during the inspection). If an offense is detected, the person being inspected receives a protocol on the administrative offense.

What mistakes can be made on the part of the inspectorate?

We recommend that the entrepreneur ensure that the work of Rospotrebnadzor does not go beyond its powers:

• a scheduled inspection must be carried out in the presence of officials or representatives of the enterprise. Otherwise it will be considered illegal. An exception is complaints about violations that threaten people’s lives and state security;
• inspectors should not seize original documents or request information or products not related to the subject of control;
• compliance with the deadlines for the procedure;
• taking samples for research can only be carried out in accordance with established standards and with the drawing up of reports;
• Rospotrebnadzor does not have the right to issue orders to conduct inspections at the expense of the entrepreneur;
• the results of the control procedure are a secret that cannot be disclosed to inspectors;
• the requirement to pay for control measures is illegal.

Does Rospotrebnadzor notify about an unscheduled inspection?

The answer to the question of whether Rospotrebnadzor should warn about an unscheduled inspection depends on its focus.

Preliminary notification is not necessary if the following is checked:

• information about possible harm to humans, nature or objects of cultural heritage (Part 16, Article 10 of Federal Law No. 294);
• activities of enterprises related to products, including public catering (Part 2 of Article 13 of the Law “On Quality...” dated January 2, 2000 No. 29-FZ).

In other circumstances, Rospotrebnadzor is obliged to notify about the inspection no later than 24 hours before the inspectors arrive (Part 16, Article 10 of Federal Law No. 294).

Rights of inspected persons

In order to minimize the consequences of inspections, it is necessary to know that the persons being inspected are also endowed with rights that can and should be defended.

Officials and (or) representatives of a legal entity and individual entrepreneurs and (or) their representatives when carrying out control measures have the right:

— be directly present during control activities, provide explanations on issues related to the subject of the inspection;

— receive from Rospotrebnadzor and their officials information that relates to the subject of the inspection and the provision of which is provided for by Federal Law No. 294-FZ;

— get acquainted with the results of the inspection and indicate in the inspection report about your familiarization with the results of the inspection, agreement or disagreement with them, as well as with individual actions of Rospotrebnadzor officials;

— appeal against the actions (inaction) of Rospotrebnadzor officials that entailed a violation of the rights of a legal entity or individual entrepreneur during an inspection, in administrative and (or) judicial proceedings in accordance with the legislation of the Russian Federation. You can appeal both an order to eliminate identified violations and an inspection report, as well as a resolution on an administrative violation;

— involve the Commissioner under the President of the Russian Federation for the protection of the rights of entrepreneurs or the Commissioner for the protection of the rights of entrepreneurs in a constituent entity of the Russian Federation to participate in the inspection. The person being inspected has the right to invite a lawyer to provide legal support for the inspection, review the documents of the inspection persons and the order to conduct the inspection, enter information about the inspection in the inspection log and become familiar with the results of the inspection and the violations found.