How is the prosecutor's investigation carried out? Grounds and methodology for conducting prosecutorial inspections of the implementation of laws at enterprises The prosecutor's office can come with an inspection within the framework of

1. The subject of an unscheduled inspection is compliance by a legal entity or individual entrepreneur in the process of carrying out activities with mandatory requirements and requirements established by municipal legal acts, compliance with instructions of authorities state control(supervision), municipal control bodies, carrying out measures to prevent harm to life, health of citizens, harm to animals, plants, environment, objects cultural heritage(historical and cultural monuments) of peoples Russian Federation, museum objects and museum collections included in the Museum Fund Russian Federation, especially valuable, including unique, documents Archive fund Russian Federation, documents of special historical, scientific, cultural significance, included in the national library fund, to ensure state security, to prevent the occurrence emergency situations natural and man-made, to eliminate the consequences of causing such harm.

2. The basis for conducting an unscheduled inspection is:

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

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

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

(see text in the previous edition)

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

(see text in the previous edition)

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

(see text in the previous edition)

C) violation of consumer rights (in case of contacting an agency implementing federal state supervision in the field of protection of the rights of consumers, citizens whose rights have been violated, provided that the applicant applied for protection (restoration) of his violated rights to a legal entity, individual entrepreneur and such an appeal was not considered or the applicant’s demands were not satisfied);

(see text in the previous edition)

d) violation of product labeling requirements;

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, individual entrepreneur, compliance with or deviation from which according to approved by the federal body executive branch, performing the functions of developing and implementing public 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 regulations on the type of federal state control (supervision);

(see text in the previous edition)

3) order (instruction) 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 as part of supervision over the implementation of laws on materials and appeals received by the prosecutor's office.

(see text in the previous edition)

3. Appeals and statements that do not allow identifying the person who applied to the state control (supervision) body, 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. If the information contained in the appeal or application may, in accordance with paragraph 2 of part 2 of this article, be the basis for an unscheduled inspection, official the state control (supervision) body, municipal control body, if it has reasonable doubts about the authorship of the appeal or application, is obliged to take reasonable measures to identify the person who applied. Appeals and applications sent by the applicant in the form of electronic documents can serve as the basis for an unscheduled inspection only if they were sent by the applicant using information and communication technologies that provide for mandatory authorization of the applicant in a unified identification and authentication system.

(see text in the previous edition)

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

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

(see text in the previous edition)

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

(see text in the previous edition)

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

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

4. An unscheduled inspection is carried out in the form of a documentary inspection and (or) an on-site inspection in the manner established accordingly herein Federal Law.

5. An unscheduled on-site inspection of legal entities and 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 activity of such legal entities and individual entrepreneurs.

(see text in the previous edition)

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

(see text in the previous edition)

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

(see text in the 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 on-site inspection of a legal entity, individual entrepreneur in order to coordinate its conduct, the state control (supervision) body, municipal control body submit or send custom made by post with acknowledgment of delivery or in the form of an electronic document signed by an enhanced qualified electronic signature, to the prosecutor's office at the place of activity of a legal entity, individual entrepreneur, an application for approval of an unscheduled on-site inspection. Attached to this application is a copy of the order or order of the head, deputy head of the state control (supervision) body, municipal control body on conducting an unscheduled on-site inspection and documents that contain information that served as the basis for its conduct.

(see text in the previous edition)

9. An application for approval to conduct an unscheduled on-site inspection of a legal entity, 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 conducting an unscheduled on-site inspection.

(see text in the previous edition)

10. Based on the results of consideration of the application for approval of an unscheduled on-site inspection of a legal entity, 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 approval of an unscheduled on-site inspection or on refusal to approve its implementation.

(see text in the previous edition)

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

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

(see text in the 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 formalization of the decision of the state control (supervision) body, municipal control body to conduct an unscheduled on-site inspection;

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

5) discrepancy between the subject of an unscheduled on-site inspection and the powers of the state control (supervision) body or 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 and municipal control bodies.

12. If the basis for conducting an unscheduled on-site inspection is harm to the life, health of citizens, harm to animals, plants, the environment, cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, museum objects and museum collections included in the Museum Fund of the Russian Federation Federation, especially valuable, including unique, documents of the Archive Fund of the Russian Federation, documents of special historical, scientific, cultural significance, included in the national library fund, state security, as well as the occurrence of emergencies of a natural and man-made nature, detection of violations of mandatory requirements and requirements established by municipal legal acts, at the time of such violations in connection with the need to take urgent measures, state control (supervision) bodies, municipal control bodies have the right to begin conducting an unscheduled on-site inspection immediately with notification of the prosecutor's office about the implementation of control measures by sending 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 makes a decision to approve an unscheduled on-site inspection on the day the relevant documents are received.

(see text in the previous edition)

13. The decision of the prosecutor or his deputy to approve the conduct of an unscheduled on-site inspection or to refuse to approve its conduct is drawn up in writing in two copies, one of which on the day the decision is made is presented or sent by registered mail with return receipt requested or in the form of an electronic document , signed with an enhanced qualified electronic signature, to the state control (supervision) body, municipal control body. paragraph 2 of part 2 of this article, a legal entity, an individual entrepreneur are notified by the state control (supervision) body, the municipal control body at least twenty-four hours before the start of its conduct in any available way, 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 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, individual entrepreneur to the state control (supervision) body, municipal control body.

(see text in the previous edition)

17. If, as a result of the activities of a legal entity or individual entrepreneur, harm is caused or is being caused to the life, health of citizens, harm to animals, plants, the environment, objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation, museum objects and museum collections, included in the Museum Fund of the Russian Federation, especially valuable, including unique, documents of the Archive Fund of the Russian Federation, documents of special historical, scientific, cultural significance, included in the national library fund, state security, and also emergency situations have arisen or may arise natural and man-made situations, preliminary notification of legal entities and individual entrepreneurs about the start of an unscheduled on-site inspection is not required.(see text in the previous edition)

20. In case of detection 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 the self-regulatory organization are obliged to report to the self-regulatory organization about the identified violations within five working days from the date of completion of the unscheduled on-site inspection.

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

According to Art. 21 of the Federal Law of January 17, 1992 N 2202-I "On the Prosecutor's Office of the Russian Federation" p When supervising the implementation of laws, the prosecutor's office does not replace other government bodies.

Checks on the implementation of laws are carried out based on information received by the prosecutor's office about facts of violation of laws that require the prosecutor to take action.

Thus, reasons for prosecutorial inspection of compliance with laws at enterprises may be:

1. an appeal to the prosecutor's office (both oral and written) containing information about a violation of the law in any area;
2. media materials;
3. assignment from a higher prosecutor's office;
4. an order from the prosecutor to conduct a random inspection of the implementation of legislation in a certain organization, given to subordinate employees on the basis of information about violations of the law (unscheduled inspection);
5. conducting a scheduled inspection, carried out in accordance with the work plan of the prosecutor's office for the six months, which includes such an inspection (scheduled for a specific month).

Methodology for conducting prosecutorial inspections of compliance with laws at enterprises

About organizing the inspection

The effectiveness of the prosecutor’s activities in supervising the accurate and uniform execution of laws depends entirely on its proper organization, which includes the following components:

1. specifying the directions in the activities of the prosecutor in supervising the implementation of laws;
2. division of powers between prosecutors within the framework of a centralized system of prosecutors;
3. proper reception and analytical work with information received by the prosecutor's office about violations of the law;
4. planning the work of the prosecutor;
5. organizing interaction between the prosecutor's office and regulatory authorities;
6. the prosecutor's inspection itself.

The order of the Prosecutor General of the Russian Federation dated December 7, 2007 No. 195 “On the organization of prosecutorial supervision over the implementation of laws, observance of human and civil rights and freedoms” highlights the main areas of supervisory activity:

- supervision over the legality of legal acts, observance of human freedoms and,
- supervision in the field of economics and environmental safety,
- prevention of criminal acts.

Another element should be considered the division of powers between prosecutors provided for by the Federal Law “On the Prosecutor's Office of the Russian Federation” within the framework of the centralized system of prosecutors. For example, direct supervision over the implementation of laws, as well as compliance with the laws of legal acts issued by federal ministries and departments, all-Russian public associations, is assigned to the Prosecutor General's Office of the Russian Federation; republican ministries, departments and public associations - to the prosecutor's offices of the republics; regional, regional, autonomous region, autonomous districts, bodies and administrations, regional public associations - respectively, to the prosecutor's offices of territories, regions, autonomous regions, autonomous districts and specialized prosecutor's offices equivalent to them; other local representative bodies, executive and administrative bodies, legal entities, public associations - to other territorial and specialized prosecutor's offices.

Supervision over the implementation of laws by military command and control bodies, military units and institutions is carried out by the military and the corresponding specialized prosecutor's offices.

The Prosecutor's Office, while carrying out its activities, should in no case replace supervisory government bodies and officials. The prosecutor's office has no right to interfere in the operational and economic activities of the objects under its supervision. The task of the prosecutor's office is to oversee the accurate and uniform implementation of laws, compliance with the rights and freedoms of citizens, interests, society and the state.

Proper reception and analytical work with information received by the prosecutor's office about violations of the law. The importance of organizing the work of the prosecutor's office in this direction is evidenced by the order of the Prosecutor General of the Russian Federation dated December 17, 2007 No. 200 “On the implementation of the Instructions on the procedure for considering applications and receiving citizens in the system of the prosecutor's office of the Russian Federation.”

In accordance with this order, the work of considering appeals and receiving citizens is an integral part of the human rights function of the prosecutor's office. It is fully subordinated to solving problems of protecting the rights and freedoms of man and citizen, strengthening the rule of law and order. The Prosecutor General of the Russian Federation requires such an approach to this work that each appeal receives a timely, objective and final resolution in the prosecutor's office whose competence is to resolve the issue.

In accordance with the Order of the Prosecutor General of the Russian Federation dated October 4, 2007 No. 158 “On the procedure for submitting special reports and other mandatory information”, in order to ensure timely and proper adoption of organizational and supervisory decisions by the prosecutor's office, an appropriate procedure for submitting special reports on emergency incidents, crimes and other mandatory information is established. information.

Planning the work of the prosecutor. The content of planning in the work of the prosecutor's office is determined by order of the Prosecutor General of the Russian Federation dated January 15, 2003 No. 2, which approved the regulations General Prosecutor's Office RF. This Order provides for work planning for six months. A similar approach is acceptable for the prosecutor's offices of the constituent entities of the Russian Federation. Planned targets are drawn up on the basis of information about the state of law in the territory covered by the supervisory activities of the prosecutor's office. The effectiveness of prosecutorial supervision largely depends on the right choice object of checking the state of legality.

An important point is the correct organization of interaction between the prosecutor’s office and regulatory authorities, which have more numerous staff. Relatively narrow specialization and good technical equipment allow regulatory authorities to quickly monitor and record a fairly large amount of information of interest to prosecutors.

Prosecutor's inspection itself consists of the following steps:

1) preparatory, on which the prosecutor

- becomes familiar with the legislation necessary to carry out the inspection,
- determines the tasks, composition of persons by means of which the inspection will be carried out,
- studies typical violations of the law;

2) the actual checks, which is implemented through the use of powers granted to the prosecutor by law. The audit must be organized in such a way that it is possible to identify not only the violations of the law themselves, but also the conditions that contributed to this;

3) implementation of verification materials(a decision is made which means of legal action should be applied against violators of the law - a protest, representation, warning or resolution);

4) control over execution measures taken to eliminate violations of the law identified during the prosecutor's audit.

On-site inspection

An inspection of an organization by a supervisory agency begins with a request for the need to provide certain documentation.

Based on the fact that verification by the prosecutor's office of the implementation of legislation represents organizational event, in which a large number of people may be involved, as a rule, employees of the prosecutor’s office notify the organization’s management by telephone in advance about its beginning.

Coordination of the start of inspection activities is not regulated by law, however, the manager’s request to delay the arrival of the prosecutor’s office for a certain time (say, a day or two) in order to fulfill all the requirements of the supervisory authority will not be considered a violation and cannot be considered as an obstacle to the inspection. Thus, the start date of verification activities can be agreed upon between the prosecutor’s office employees and the employer. The task of the latter is to ensure that employees of personnel departments, accountants, deputy managers, and other persons responsible for organizing work in a certain area are at their workplaces in order to provide prosecutorial workers with a prompt opportunity to familiarize themselves with the documentation they are interested in and visually inspect production premises etc.

After agreeing on the start time of the verification activities, a prosecutor’s office employee arrives at the organization at the appointed hour. In accordance with Art. 22 of the Federal Law "On the Prosecutor's Office of the Russian Federation", a prosecutor's employee has the right, upon presentation of his official identification, to freely enter the territory and premises of supervised bodies, have access to their documents and materials, and check the implementation of laws in connection with information received by the prosecutor's office about facts of violation of the law.

Despite the fact that the legislation does not regulate the procedure for carrying out verification activities by prosecutors, in general it is of a formalized nature. At the same time, the rights and obligations of prosecutors enshrined in the Law on the Prosecutor's Office are limited by Art. 26 Federal Law: Prosecutor's offices do not have the right to interfere in the economic activities of organizations. This means: the prosecutor's office cannot give advice and instructions on the selection and placement of personnel, appointment of persons responsible for labor protection, assessment of workers' qualifications, improvement of the production cycle or other on-farm and intra-organizational activities.

Before the start of the activities, the prosecutor’s office employee gets acquainted with the officials whose activities are to be checked.

In accordance with Art. 22 of the Law on the Prosecutor's Office, when conducting verification activities, the prosecutor's office has the right to involve specialists. Given legislative provision due to the fact that in practice, inspecting prosecutors do not have special knowledge in any narrow-profile industries (for example, in the production characteristics of complex technical equipment and its options safe operation for employees, accounting calculations). IN regulations The procedure and specifics for involving persons with the necessary knowledge and skills in prosecutorial inspections are not fixed.

In practice, the prosecutor's office can involve employees of authorities competent in certain aspects in joint verification activities. For example, these could be bodies exercising control and supervision in the field

- ensuring the sanitary and epidemiological well-being of the population;
- hydrometeorology and environmental monitoring;
- state environmental control;
- state control of the safety of explosive industries;
- state energy supervision authorities, etc.

The designated departments and their officials are supervised entities for the prosecutor's office, which, according to the law, are required to provide specialists.

Scope of inspection activities is determined not only by planned tasks and the list of issues to be verified, but also by the initiative of the supervising prosecutor, on whom the inclusion of certain areas depends.

Need to keep in mind, that the provisions of 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” do not apply to the procedure for conducting inspections by prosecutors (Part 3 of Article 1) . At the same time, the presence of the head of an enterprise, institution or organization during prosecutorial inspections is necessary, since otherwise the inspection may not take place. Law of the Russian Federation of April 27, 1993 No. 4866-1 “On appealing to court actions and decisions that violate the rights and freedoms of citizens” the right to appeal illegal actions of officials of the prosecutor's office is established.

Based on the results of the inspection and the measures taken, the prosecutor’s office official prepares a certificate addressed to his supervisor, which refers to official documents and is not intended for unauthorized persons. If an employee of the prosecutor's office attracts specialists to check the implementation of labor legislation and, together with them, checks the work of the organization, then he is the leader of this group and coordinates their actions. Representatives of other regulatory authorities present during this inspection provide information about its results and identified violations in a form convenient for the prosecutor. The designated persons may also not draw up reports on the results of the inspection (since such situations are not regulated in the legislation, and in practice the instructions of the prosecutor in this case are of greater importance).

Since the main character in this situation is the prosecutor, who bears full responsibility, and other persons present during the inspection follow the instructions given to him, the period for conducting the inspection and the scope of inspection activities are established on his initiative.

Non-traveling (documentary) inspection

The essence of this check is that the prosecutor’s office employee calls the people he needs to give explanations and requests the necessary documentation while in his office. During the verification process, he studies the materials provided upon request.

Statistical and other information, certificates, documents and their copies necessary for the implementation of the functions assigned to the prosecutor's office are provided at the request of the prosecutor free of charge.

Failure to comply with the demands of the prosecutor's office contained in the request, as well as untimely, incomplete, distorted provision of the requested information (information) will serve as a reason for attracting administrative responsibility according to Art. 19.7 Code of Administrative Offenses of the Russian Federation.

If a person was duly notified of the need to appear at the prosecutor’s office (received a summons to appear and signed) and ignored this requirement without objective, documented reasons, he may also be brought to administrative liability under Art. 19.7 Code of Administrative Offenses of the Russian Federation.

An assistant or deputy prosecutor may require written explanations from persons related to identified violations of the law. It should be noted that giving written explanations is a normal formality required for the completeness of the collected verification material, since in accordance with Art. 51 of the Constitution of the Russian Federation, no one is obliged to testify against himself.

Verification based on complaint

An inspection of a complaint or application includes similar actions: requesting information and taking written explanations from persons related to the arguments presented by the applicant. If the facts stated in the appeal need clarification, an employee of the prosecutor's office has the right to call the person who wrote the appeal and talk with him.

The work of prosecutors with appeals from citizens and legal entities allows for a conciliation procedure that allows them to avoid prosecution. Its essence is as follows: if the employer, having learned that a complaint has been filed against him and the arguments set out in it are true, independently and promptly takes measures to restore the violated rights and interests (for example, pays off wage arrears as soon as possible), then in this case he has a chance to receive only a warning about the inadmissibility of violating the law.

If the employer considers his actions towards the applicant to be lawful, he must justify his position solely with reference to current legislation and law enforcement practice.

Completion of an inspection of the implementation of labor legislation, both documentary and on-site, ends with the adoption of prosecutorial response measures if violations are identified.

There must be grounds for the prosecutor's office to check an individual entrepreneur. In most cases, this process is preceded by a complaint. A prosecutor's audit is fundamentally different from other events. The main difference is the government agency itself. Inspections of individual entrepreneurs by the prosecutor's office are carried out after a complaint from a dissatisfied client or competitors. All this can leave a huge mark on the organization’s reputation.

In what cases can you expect an “auditor”?

This type of inspection is of a supervisory nature and is carried out by representatives of the prosecutor’s office. The verification is not carried out just like that; there must be certain grounds for this. These include:

customer complaint;
obtaining information about the presence of illegal actions;
signal from the media about violations.

The complexity of the situation is that anyone can complain. But in the absence of any violations, the person who provided false information will be punished. The source of negative data can be anyone, especially if the entrepreneur has a successful business.

The following factors can provoke an audit:

causing harm to human life or health;
threats towards one person or another;
harm to plants and animals;
causing damage to cultural and historical monuments.

The prosecutor's inspection is lightning fast. The supervisory service will not warn the entrepreneur about its decision. Usually the inspection is sudden, which allows you to evaluate the actual work of the organization. Scheduled inspections allow entrepreneurs to eliminate some of the shortcomings of their company.

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Inspection regulations

Inspections by supervisory services are notorious for their unpredictability. This is due to the fact that the prosecutor’s office does not have regulations for conducting this process. The legislation clearly describes only three main points.

Firstly, prosecutors can only inspect those documents that contain violations. They are not able to interfere in economic activities. Secondly, applications must be considered within a clearly stated period of time, in most cases it is 30 days. According to general rules, the result of the verification is given to the applicant within a month. Thirdly, the law establishes special forms prosecutorial response, but only if a violation is actually recorded.

To prevent the commission of illegal actions, the prosecutor's office may send a warning. Employees of the supervisory authority can initiate an inspection without permission. This type verification is independent, moreover, it is supported by certain rights.

For an individual entrepreneur, an inspection of his organization by the competent authorities is a difficult process that cannot be avoided. If the prosecutor's office has received information that a person is carrying out misconduct, capable of harming the life and health of other people, the check can be carried out within 24 hours.

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Subject of inspection and powers of the prosecutor

The subject of inspection of an individual entrepreneur by the prosecutor's office is his organization. This process is carried out by competent authorities exercising special control. According to the law, they do not have the right to monitor reporting and interfere in matters that relate to the tax service.

If the prosecutor's office receives a report of serious violations in a certain area, the control of which is carried out by another service, supervisory officers can take up this case.

But in this case, the first organization must transfer its powers to another jurisdiction.

As mentioned above, an inspection for an individual entrepreneur is always an unexpected procedure. According to the law, there are no deadlines or warnings. Despite this, the organization must be guided by certain principles of reasonableness and fairness. There are certain powers of the prosecutor, which are prescribed in Part 1 of Art. 22 Federal Law of the Russian Federation “On the Prosecutor’s Office”. These include:

the ability to gain access to the necessary documentation;
unhindered entry to the enterprise upon presentation of an identification card;
the opportunity to request the necessary documents;
involving officials in the procedure.

Inspection of an organization is a serious process that requires high qualifications from the prosecutor. The competent authority has no right to deal with issues that do not relate to its activities.

Hello, Mikhail!

In accordance with 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” (hereinafter referred to as the Law), which significantly changed the grounds, procedure and timing of inspection activities by regulatory and supervisory authorities.

In accordance with the Law, inspections can be of two types: scheduled and unscheduled, which in turn can be documentary or on-site in form.

Scheduled inspections are carried out on the basis of plans developed by control (supervision) bodies and municipal control bodies, which are subject to publication on the official websites of the relevant bodies on the Internet or in any other accessible way. The basis for inclusion of the subject entrepreneurial activity The inspection plan includes the expiration of a 3-year period from the date of:

· his state registration,

· completion of the last scheduled inspection,

· commencement of activities by notification of the commencement of certain types of business activities.

From 2011, the basis for conducting scheduled inspections will be a single consolidated inspection plan drawn up by the Prosecutor General's Office of the Russian Federation and posted on the official website of the Prosecutor General's Office of the Russian Federation on the Internet.

The law establishes the frequency of scheduled inspections - no more than once every three years. However, there are exceptions to the law. Thus, part 9 of Article 9 stipulates that inspections of legal entities and individual entrepreneurs carrying out activities in the field of healthcare, education, and the social sphere may be carried out 2 or more times every three years. The list of such types of activities and the frequency of their scheduled inspections are established by the Government of the Russian Federation by a separate legal act.

A legal entity or individual entrepreneur must be notified by the inspection body of a scheduled inspection no later than three working days before the start of its implementation by sending a copy of the manager’s order or order for inspection by registered mail with return receipt requested or in any other available way.

The grounds for conducting an unscheduled inspection are:

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

·receipt to state control (supervision) bodies, municipal control bodies of appeals and applications from citizens, legal entities, individual entrepreneurs, information from state authorities, local governments, from the media about the following facts:

a) the emergence of a threat of harm to the life and health of citizens, harm to animals, plants, the environment, state security, as well as the threat of natural and man-made emergency situations;

b) causing harm to the life and health of citizens, harm to animals, plants, the environment, state security, as well as the occurrence of natural and man-made emergencies;

c) violation of consumer rights (in the case of appeals from citizens whose rights have been violated).

Unscheduled inspections of small and medium-sized businesses by regulatory authorities if there is reason to believe that there is a threat of harm to the life, health of citizens, harm to animals, plants, the environment, state security, as well as the threat of emergency situations of a natural and man-made nature, as well as when such harm is caused , in the event of emergencies of a natural and man-made nature, only after agreement with the prosecutor's office at the place of activity of legal entities or individual entrepreneurs.

The criteria for classifying legal entities and individual entrepreneurs as small and medium-sized businesses are defined in Art. 4 of the Federal Law of July 24, 2007 No. 209-FZ “On the development of small and medium-sized businesses in the Russian Federation.”

In order to balance the protection of the rights of business entities and the rights of consumer citizens, the legislator allowed regulatory and supervisory authorities to conduct inspections based on complaints from consumer citizens without the consent of prosecutors.

When deciding whether a citizen’s appeal contains information about facts of violation of consumer rights, one should be guided by the Law of the Russian Federation of 02/07/1992 No. 2300-1 “On the Protection of Consumer Rights”, according to Art. 1 of which a consumer is a citizen who intends to order or purchase, or who orders, purchases or uses goods (work, services) exclusively for personal, family, household and other needs not related to business activities.

From paragraph 2 of the Plenum resolution Supreme Court RF dated September 29, 1994 No. 7 “On the practice of courts considering cases on the protection of consumer rights” it follows that legislation on the protection of consumer rights does not apply to relations between citizens entering into contractual relations with each other in order to satisfy personal, family, household and other needs , not related to the implementation of entrepreneurial activities, as well as from relations arising in connection with the acquisition by a citizen-entrepreneur of goods, the performance of work for him or the provision of services not for personal, family, household and other needs, but for the implementation of entrepreneurial activities or in connection with acquisition of goods, performance of work and provision of services in order to meet the needs of enterprises, institutions, organizations. Relationship, regulated by law on the protection of consumer rights may arise from retail sales contracts; rentals, including rental; rental of residential premises, including social hiring, in terms of performing work, providing services to ensure the proper operation of the residential building in which this residential premises is located, to provide or ensure the provision of the necessary utilities, carrying out routine repairs of the common property of an apartment building and devices for the provision of public services (clause 2 of Article 676 of the Civil Code of the Russian Federation); contract (household, construction, contract for design and survey work, maintenance privatized, as well as other residential premises owned by citizens); transportation of citizens, their luggage and cargo, etc.

Order of the Prosecutor General of the Russian Federation dated March 27, 2009 No. 93 approved the Procedure for approval in the prosecutor's office of unscheduled on-site inspections of small and medium-sized businesses, according to which the approval of unscheduled inspections carried out by the central offices of federal executive authorities, their interregional and regional territorial bodies, as well as regional control (supervision) bodies of the constituent entities of the Russian Federation is carried out at the place of activity of the legal entity or individual entrepreneur by the prosecutor or deputy prosecutor of the constituent entity of the Russian Federation. Coordination of inspections carried out by city, district or other territorial divisions of federal executive authorities, regional control (supervision) bodies of constituent entities of the Russian Federation, as well as municipal control bodies, is carried out by prosecutors and deputy prosecutors at the city and district level, respectively.

An application for approval to conduct an unscheduled on-site inspection of small or medium-sized businesses 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 the unscheduled on-site inspection.

Based on the results of consideration of the application for approval of an unscheduled on-site inspection of small or medium-sized businesses 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 to approve an unscheduled on-site inspection or to refuse agreeing on its implementation.

In accordance with the Law, the grounds for refusal to approve an unscheduled on-site inspection are:

1) lack of documents attached to the application for approval of an unscheduled on-site inspection of small or medium-sized businesses;

2) absence of grounds for conducting an unscheduled on-site inspection;

3) failure to comply with the requirements established by the Law for formalizing the decision of the state control (supervision) body, municipal control body to conduct an unscheduled on-site inspection;

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

5) discrepancy between the subject of an unscheduled on-site inspection and the powers of the state control (supervision) body or municipal control body;

If the basis for conducting an unscheduled on-site inspection is harm to the life, health of citizens, harm to animals, plants, the environment, state security, as well as the occurrence of natural and man-made emergencies, detection of violations of mandatory requirements and requirements established by municipal legal acts, at the time commission of such violations in connection with the need to take urgent measures, state control (supervision) bodies, municipal control bodies have the right to begin an unscheduled on-site inspection immediately with notification of the prosecutor's office about the implementation of control measures by sending the relevant documents to the prosecutor's office within twenty-four hours. In this case, the prosecutor or his deputy makes a decision to approve an unscheduled on-site inspection on the day the relevant documents are received.

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

After completing an unscheduled on-site inspection, the state control (supervision) and municipal control bodies send the inspection report to the prosecutor’s office that made the decision to approve the inspection within five working days from the date of its preparation.

The control (supervisory) body is obliged to notify the inspected business entity about the upcoming inspection by sending a copy of the order (order) to conduct an unscheduled inspection at least 24 hours before it starts in the case where the basis for the inspection is the expiration of the deadline for execution by a legal entity or individual entrepreneur of a previously issued order to eliminate the identified violation of mandatory requirements and (or) requirements established by municipal legal acts. In other cases, notification of the upcoming inspection is not required.

As already noted, inspections can be documentary and on-site.

In the process of conducting a documentary check, documents of a legal entity, individual entrepreneur, available to the state control (supervision) body, municipal control body, are studied, including notifications of the start of certain types of business activities, reports of previous inspections, materials of consideration of cases of administrative offenses and other documents on the results carried out in relation to these legal entities, individual entrepreneurs.

If the reliability of the information contained in the studied documents raises reasonable doubts or this information does not allow assessing the fulfillment of mandatory requirements by a legal entity or individual entrepreneur, the inspection body sends a reasoned request to the legal entity or individual entrepreneur with a requirement to submit other necessary for consideration during conducting a documentary check of documents.

The request is accompanied by a certified copy of the order or order of the head, deputy head of the state control (supervision) body, municipal control body on conducting an inspection or his deputy on conducting a documentary inspection. For ten working days from the date of receipt of a reasoned request, the inspected entity is obliged to send the documents specified in the request to the state control (supervision) body, municipal control body.

If, after considering the submitted explanations and documents, or in the absence of explanations, the inspection body establishes signs of violation of mandatory requirements or requirements established by municipal legal acts, officials of the state control (supervision) body or municipal control body have the right to conduct an on-site inspection.

An on-site inspection begins with the presentation of an official identification by officials of the state control (supervision) body, municipal control body, mandatory familiarization of the head or other official of a legal entity, individual entrepreneur, his authorized representative with the order or order of the head of the state control (supervision) body, municipal body control on the appointment of an on-site inspection and with the powers of the persons conducting the on-site inspection, as well as the goals, objectives, grounds for conducting an on-site inspection, the types and scope of control measures, the composition of experts, representatives of expert organizations involved in the on-site inspection, with the terms and conditions of its carrying out.

Stamped copies of the order or inspection order are awarded against signature to the manager, other official or authorized representative of a legal entity, individual entrepreneur, his authorized representative simultaneously with the presentation of official identification.

The period for conducting documentary or on-site inspections cannot exceed twenty working days. In relation to one small business entity total term carrying out a scheduled on-site inspection cannot exceed fifty hours for small businesses and fifteen o'clock for a micro-enterprise per year. In exceptional cases related to the need to conduct complex and (or) lengthy studies, tests, special examinations and investigations on the basis of motivated proposals from officials of the state control (supervision) body, municipal control body conducting an on-site scheduled inspection, the period for conducting an on-site scheduled inspection may be extended by the head of such a body, but for no more than twenty working days, in relation to small enterprises, micro-enterprises for no more than fifteen hours.

The results of an inspection conducted by a state control (supervision) body or a municipal control body in gross violation of the requirements established by the Law for the organization and conduct of inspections cannot be evidence of a violation by a legal entity or individual entrepreneur of the mandatory requirements and requirements established by municipal legal acts, and are subject to cancellation by superiors by a state control (supervision) body or a court on the basis of an application from a legal entity or individual entrepreneur. The list of gross violations is set out in Art. 20 of the Law.

According to the law it applies notification procedure for business activities, according to which the business entities specified in Art. 8 of the Law, upon notification of the start of activities authorized by the Government of the Russian Federation federal body The executive branch has the right to carry out this activity without obtaining permits, opinions and other documents issued by state authorities and local self-government to begin business activities in relation to work and services as part of the types of activities specified in Part 2 of Art. 8 of the Federal Law (hotel, personal services, services catering catering organizations, retail and wholesale trade, road transport passengers and luggage, etc.).

Of particular note are those legal relations to which the Law does not apply.

Thus, the Law does not apply to control measures, the implementation of which does not require interaction between inspectors and legal entities, individual entrepreneurs, and these persons are not charged with the obligation to provide information and fulfill the requirements of inspection bodies.

According to Art. 22. Law “On the Prosecutor’s Office” Powers of the prosecutor

1. When performing the functions assigned to him, the prosecutor has the right to:
upon presentation of an official ID, freely enter the territories and premises of the bodies specified in paragraph 1 of Article 21 of this Federal Law, have access to their documents and materials, check the implementation of laws in connection with information received by the prosecutor's office about facts of violation of the law;
require heads and other officials of the said bodies to submit necessary documents, materials, statistical and other information; assigning specialists to clarify issues that have arisen; conducting inspections based on materials and appeals received by the prosecutor's office, auditing the activities of organizations controlled or subordinate to them;
summon officials and citizens for explanations regarding violations of laws.

Therefore, the most IMPORTANT point will be on the basis of what the deputy. The prosecutor came to your bakery. Sometimes competitors resort to false denunciations (complaints), and the prosecutor’s office employees themselves help in this. Therefore, if you understand that the complaint is not justified, then be sure to appeal the inspection conclusion in court. Taking into account the fact that you are a legal entity (IP), you need to appeal the actions of the prosecutor through the Arbitration Court.

The prosecutor's office is a body that oversees compliance with laws in all spheres of public life. The prosecutor has the most extensive powers among all government officials, not counting law enforcement agencies. Therefore, if one or another government agency wants to check an entrepreneur, it often acts in tandem with the prosecutor’s office in order to use a wide range of its powers for its own purposes.

The prosecutor's office can also come to an entrepreneur on its own initiative in the event of a scheduled inspection or conducting an inspection based on a complaint from a citizen or other person.

The first ones are carried out if the prosecutor’s office plans, for example, to check in April the compliance of entrepreneurs with labor legislation, and in May to check the activities of enterprises in the construction industry.

In addition, the prosecutor's office is authorized to formulate an annual consolidated plan for conducting scheduled inspections of legal entities and individual entrepreneurs conducted by various state supervisory authorities.

The list of organizations that are scheduled to be audited this year is public. You can check information regarding your organization in the corresponding service on the official website of the General Prosecutor's Office of the Russian Federation.

Let me remind you that from January 1, 2016 to December 31, 2018, there was a ban on conducting scheduled inspections of small businesses (Clause 1, Article 26.1 of the Federal Law of July 13, 2015 No. 246-FZ "").

As for unscheduled inspections, a complaint may come from your competitor, a dissatisfied consumer, or another ill-wisher.

According to the General Prosecutor's Office of the Russian Federation in 2015, 66% of inspections were of an unscheduled nature.

If a person with a prosecutor's official ID appears on the doorstep of your organization, it will be useful to know the following.

freely enter the territory and premises of any commercial and non-profit organizations;
require managers and employees of organizations to submit documents, materials and other data;
demand the allocation of specialists to clarify issues that have arisen;
require audits of the activities of controlled organizations;
summon officials and citizens to obtain explanations regarding violations of the law;
initiate the prosecution of persons guilty of violating the law to administrative and criminal liability(if the prosecutor reveals violations that are not related to the subject of the audit, for example, tax violations, he is obliged to notify the tax inspectorate about them, which in turn will take its own response measures).

The prosecutor has no right:

interfere with the operational and economic activities of the organization;
request unnecessary materials, documents and information that can be obtained by prosecutors directly during an on-site inspection;
impose on organizations the obligation to submit to the prosecutor's office information that is not related to the subject of the inspection or goes beyond its scope.

An entrepreneur (head of an organization) is obliged to:

unconditionally fulfill the demands of the prosecutor within the time period established by him;
provide free of charge all information required by the prosecutor (certificates, documents and copies thereof).

Consequences of failure to comply with the prosecutor's demands

Deliberate failure to comply with the requirements of the prosecutor conducting the proceedings in the case of administrative offense, entails the imposition administrative fine for legal entities – from 50 thousand to 100 thousand rubles. or administrative suspension of the organization’s activities for up to 90 days ().

Interference in any form in the activities of the prosecutor in order to impede a comprehensive, complete and objective investigation of the case is punishable by a fine of up to 80 thousand rubles. or in size wages or other income for a period of up to six months, or compulsory work for a period of up to 480 hours, or arrest for a period of up to six months ().

A brief procedure for when a prosecutor (his deputy or assistant) appears in your office

Invite your lawyer or lawyer to provide legal support for the audit.

Ask the official of the prosecutor's office to present his official identification and explain the subject of the inspection, and present a written document confirming the grounds for the inspection. In case of refusal to present a document confirming the inspection, officially request this document from the prosecutor's office, because according to Order of the Prosecutor General's Office of Russia dated December 7, 2007 No. 195 "" prosecutorial supervision is carried out publicly, which means that all information related to your inspection should be available to you . The prosecutor's office considers such requests within 15 days. After receiving the requested document, you can base any complaints against the actions of the prosecutor on it.

It is advisable to organize a video or audio recording of the prosecutor's inspection process.

If the prosecutor demands the presentation of documents not related to the subject of the inspection, you can provide these documents and subsequently appeal the unlawful actions of the prosecutor through the court, or refuse to provide these documents, and if a case is initiated for an administrative offense provided for, prove the unlawfulness of the prosecutor’s demands in court. If the court establishes the existence of a violation on the part of the prosecutor, the court's decision can subsequently be used in another trial, for example, when appealing the prosecutor's submission.

If the prosecutor approaches you with an abstract demand to provide “all documents,” you can refuse it until you receive a specific list of documents required for verification, recording your refusal in writing with justification of the reasons and notification of your readiness to provide documents after determining a specific circle, or as in the previous case, you can satisfy the demands of the prosecutor and further prepare a complaint against him illegal actions.

It is better to give explanations to the prosecutor about the circumstances related to the subject of the audit after consultation with a lawyer.

Submit documents to the prosecutor only according to the inventory.

If it is impossible to provide the requested documents, inform the prosecutor in writing about the reasons preventing the fulfillment of his requirements and the time frame within which the documents can be provided by you.

If you have not received the results of the inspection, exercise your right - contact the prosecutor's office with a request to familiarize yourself with the inspection materials.

If the prosecutor has issued a notice or warning to you, and you agree with the violations he has identified, eliminate them within the period specified in the notice, making sure to notify the prosecutor about this event within 30 calendar days.

If the prosecutor has issued a recommendation or warning to you, and you do not agree with the violations he has identified, you can file a complaint with the court. The period for appeal is three months from the day when the person being inspected became aware of the violation of his rights. You can try to appeal the submission to a higher prosecutor, but in this case there is a risk of missing the deadline for going to court, so it is better to immediately contact the judicial authorities.

According to the Prosecutor General's Office of the Russian Federation, in 2015 the prosecutor's office received 4,412,370 complaints; during prosecutorial checks, 5,141,906 cases of violations of the law were identified, of which 1,171,530 violations were in the economic sphere. TO disciplinary liability 163,692 persons were brought to administrative responsibility for violating the law in the economic sphere, 55,839 persons were brought to administrative responsibility, and 7,800 criminal cases were initiated. Following the instructions given in the article will help you avoid being included in the statistics of the prosecutor's office.

In the next part, I will talk about the features of the inspection carried out by Rospotrebnadzor and consider the most vulnerable areas of entrepreneurs in terms of compliance with legislative requirements in the field of consumer protection, sale of goods, sanitation and epidemiology.