Protection of the rights of legal entities during inspections. Thesis: Protection of the rights of legal entities during inspections. Limitations when conducting an inspection
Changes and amendments
Chapter 1. General provisions
Article 1. Scope of this Federal Law
1. This Federal Law regulates relations in the field of organization and implementation state control(supervision), municipal control and protection of rights legal entities, individual entrepreneurs in the exercise of state control (supervision), municipal control.
2. This Federal Law establishes:
1) the procedure for organizing and conducting inspections of legal entities and individual entrepreneurs by bodies authorized to exercise state control (supervision), municipal control;
2) the procedure for interaction between bodies authorized to exercise state control (supervision), municipal control, when organizing and conducting inspections;
3) rights and obligations of bodies authorized to exercise state control (supervision), municipal control, their officials during inspections;
4) rights and obligations of legal entities, individual entrepreneurs in the exercise of state control (supervision), municipal control, measures to protect their rights and legitimate interests.
3. The provisions of this Federal Law establishing the procedure for organizing and conducting inspections do not apply to control measures that do not require interaction between bodies authorized to exercise state control (supervision), municipal control (hereinafter also referred to as state control (supervision) bodies) , municipal control bodies), and legal entities, individual entrepreneurs and the above persons are not assigned responsibilities for providing information and fulfilling the requirements of state control (supervision) bodies, municipal control bodies, as well as for the actions of government bodies during operational investigative activities, production inquiry, conducting a preliminary investigation, exercising prosecutorial supervision and justice, conducting an administrative investigation, financial control and financial and budgetary supervision, tax control, currency control, control in financial markets, banking supervision, investigation of the causes of emergency situations natural and man-made, infectious and mass non-infectious diseases or poisonings, industrial accidents, implementation of state control at checkpoints across the State border Russian Federation.
4. Features of organizing and conducting inspections in the implementation of customs, antimonopoly, export control, control and supervision in the field of migration, state control (supervision) over the activities of self-regulatory organizations, licensing control, state control and supervision in the field of ensuring transport security, state construction supervision, control and state supervision in the field of communications, control in the field of circulation and protection of information, control and supervision over ensuring the protection of state secrets, control over the circulation of weapons, control over the circulation of narcotic drugs and psychotropic substances, control and supervision in the field of labor, state supervision and control in the field of security road, railway, air traffic, shipping, state control and supervision of industrial safety, supervision of nuclear and radiation safety in terms of the type, subject, grounds for inspections and the timing of their conduct, may be established by other federal laws.
5. If an international treaty of the Russian Federation establishes rules other than those provided for by this Federal Law, the rules of the international treaty of the Russian Federation apply.
Article 2. Basic concepts used in this Federal Law
For the purposes of this Federal Law, the following basic concepts are used:
1) state control (supervision) - activities of authorized bodies state power (federal bodies executive branch and executive authorities of the constituent entities of the Russian Federation), aimed at preventing, identifying and suppressing violations by legal entities, their managers and other officials, individual entrepreneurs, their authorized representatives (hereinafter also referred to as legal entities, individual entrepreneurs) of the requirements established by this Federal Law, other federal laws and other regulations adopted in accordance with them legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation (hereinafter referred to as mandatory requirements), through organizing and conducting inspections of legal entities, individual entrepreneurs, taking measures provided for by the legislation of the Russian Federation to suppress and (or) eliminate the consequences of identified violations, as well as activities the indicated authorized government bodies for systematic monitoring of the implementation of mandatory requirements, analysis and forecasting of the state of fulfillment of mandatory requirements when carrying out activities by legal entities and individual entrepreneurs;
2) federal state control (supervision) - the activities of federal executive authorities authorized to exercise state control (supervision) throughout the Russian Federation. The procedure for organizing and implementing state control (supervision) in the relevant field of activity is established by the President of the Russian Federation or the Government of the Russian Federation if the specified procedure is not established by federal law;
3) regional state control (supervision) - the activities of executive authorities of a constituent entity of the Russian Federation authorized to exercise state control (supervision) on the territory of this constituent entity of the Russian Federation. The procedure for organizing and implementing regional state control (supervision) is established by the highest official (head of the highest executive body of state power) of a constituent entity of the Russian Federation, taking into account the requirements for organizing and implementing state control (supervision) in the relevant field of activity, determined by the Government of the Russian Federation, in the event if the specified procedure is not provided for by federal law or the law of a constituent entity of the Russian Federation;
4) municipal control - activities of bodies local government authorized to organize and conduct inspections on the territory of the municipality of compliance with the requirements established by municipal legal acts when carrying out activities by legal entities and individual entrepreneurs. The procedure for organizing and exercising municipal control in the relevant field of activity is established by municipal legal acts in the event that the specified procedure is not provided for by the law of the subject of the Russian Federation;
5) control measure - the actions of an official or officials of a state control (supervision) body or a municipal control body and who, if necessary, are involved in the procedure established by this Federal Law for conducting inspections of experts, expert organizations for reviewing documents of a legal entity, individual entrepreneur, according to inspection of territories, buildings, structures, structures, premises, equipment, and similar objects used by these persons in carrying out their activities, vehicles and cargo transported by these persons, for sampling products, environmental objects, industrial environment objects, for conducting their research, testing, as well as for conducting examinations and investigations aimed at establishing the cause-and-effect relationship of the identified violation of mandatory requirements and (or) requirements established by municipal legal acts, with facts of harm;
6) inspection - a set of control measures carried out by a state control (supervision) body or a municipal control body in relation to a legal entity, individual entrepreneur to assess the conformity of their activities or actions (inaction), goods produced and sold by them (work performed, services provided) mandatory requirements and requirements established by municipal legal acts;
7) experts, expert organizations - citizens who have special knowledge, experience in the relevant field of science, technology, economic activity, and organizations accredited in the manner established by the Government of the Russian Federation in the relevant field of science, technology, economic activity, which are involved by state control bodies ( supervision), municipal control bodies to carry out control measures;
8) notification of the start of implementation entrepreneurial activity- a document that is submitted by a legal entity or an individual entrepreneur registered in the manner prescribed by the legislation of the Russian Federation to the federal executive body authorized by the Government of the Russian Federation in the relevant area and through which such a legal entity, such an individual entrepreneur reports the start of certain types of business activity and its compliance mandatory requirements.
Article 3. Principles for protecting the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision), municipal control
The basic principles of protecting the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control are:
1) predominantly a notification procedure for starting certain types of business activities;
2) presumption of good faith of legal entities and individual entrepreneurs;
3) openness and accessibility for legal entities, individual entrepreneurs of regulatory legal acts of the Russian Federation, municipal legal acts, compliance with which is verified during the implementation of state control (supervision), municipal control, as well as information on the organization and implementation of state control (supervision), municipal control , on the rights and responsibilities of state control (supervision) bodies, municipal control bodies, their officials, with the exception of information, the free dissemination of which is prohibited or limited in accordance with the legislation of the Russian Federation;
4) conducting inspections in accordance with the powers of the state control (supervision) body, municipal control body, and their officials;
5) the inadmissibility of inspections of compliance with the same mandatory requirements and requirements established by municipal legal acts carried out in relation to one legal entity or one individual entrepreneur by several state control (supervision) bodies, municipal control bodies;
6) the inadmissibility of the requirement for legal entities, individual entrepreneurs to obtain permits, opinions and other documents issued by state authorities, local governments, in order to begin carrying out certain types of work and services established by this Federal Law in the event that these persons submit notifications about the start of business activities ;
7) responsibility of state control (supervision) bodies, municipal control bodies, their officials for violation of the legislation of the Russian Federation in the exercise of state control (supervision), municipal control;
8) the inadmissibility of state control (supervision) bodies and municipal control bodies from collecting fees from legal entities and individual entrepreneurs for carrying out control measures;
9) financing from the relevant budgets of inspections carried out by state control (supervision) bodies, municipal control bodies, including control measures;
10) delimitation of powers of federal executive authorities in relevant areas of activity authorized to exercise federal state control (supervision), government bodies of constituent entities of the Russian Federation in relevant areas of activity authorized to exercise regional state control (supervision), on the basis of federal laws and laws subjects of the Russian Federation.
Article 4. Powers of federal executive authorities exercising state control (supervision)
1. The determination of federal executive bodies authorized to exercise federal state control (supervision), the establishment of their organizational structure, powers, functions and procedures for their activities are carried out by the President of the Russian Federation and the Government of the Russian Federation in accordance with the Federal Constitutional Law of December 17, 1997 N 2-FKZ "On the Government of the Russian Federation".
2. The powers of the federal executive authorities exercising federal state control (supervision) include:
1) development and implementation of a unified public policy in the field of protecting the rights of legal entities and individual entrepreneurs in the exercise of federal state control (supervision) in relevant areas of activity;
2) organization and implementation of federal state control (supervision) in relevant areas of activity;
3) adoption of administrative regulations for conducting inspections during the implementation of federal state control (supervision);
4) organizing and conducting monitoring of the effectiveness of federal state control (supervision) in relevant areas of activity, the indicators and methodology for which are approved by the Government of the Russian Federation;
5) exercise of other powers provided for by the legislation of the Russian Federation.
Article 5. Powers of executive authorities of the constituent entities of the Russian Federation exercising regional state control (supervision)
1. The determination of executive authorities of the constituent entities of the Russian Federation authorized to exercise regional state control (supervision), the establishment of their organizational structure, powers, functions and procedures for their activities are carried out in accordance with the constitution (charter) of the constituent entity of the Russian Federation by the highest official (head of the executive body state power) of a subject of the Russian Federation.
2. The powers of the executive authorities of the constituent entities of the Russian Federation exercising regional state control (supervision) include:
1) implementation of a unified state policy in the field of protection of the rights of legal entities, individual entrepreneurs and compliance with the legislation of the Russian Federation in the field of protection of the rights of legal entities, individual entrepreneurs in the exercise of regional state control (supervision) in the territory of the corresponding constituent entity of the Russian Federation;
2) organization and implementation of regional state control (supervision) in relevant areas of activity on the territory of the relevant constituent entity of the Russian Federation, taking into account the delimitation of powers of federal executive authorities authorized to exercise federal state control (supervision), executive authorities of constituent entities of the Russian Federation authorized to implement regional state control (supervision);
3) adoption of administrative regulations for conducting inspections during the implementation of regional state control (supervision);
4) organizing and conducting monitoring of the effectiveness of regional state control (supervision) in relevant areas of activity, the indicators and methodology of which are approved by the Government of the Russian Federation;
5) exercise of other powers provided for by federal laws, laws and other regulatory legal acts of constituent entities of the Russian Federation.
Article 6. Powers of local government bodies exercising municipal control
1. The determination of local government bodies authorized to exercise municipal control, the establishment of their organizational structure, powers, functions and procedures for their activities are carried out in accordance with the charter of the municipality.
2. The powers of local government bodies exercising municipal control include:
1) organization and implementation of municipal control in the relevant territory;
2) adoption of administrative regulations for conducting inspections when exercising municipal control;
3) organizing and conducting monitoring of the effectiveness of municipal control in relevant areas of activity, the indicators and methodology for which are approved by the Government of the Russian Federation;
4) exercise of other powers provided for by federal laws, laws and other regulatory legal acts of constituent entities of the Russian Federation.
Article 7. Interaction between state control (supervision) bodies and municipal control bodies when organizing and conducting inspections
1. State control (supervision) bodies and municipal control bodies, when organizing and conducting inspections, interact on the following issues:
1) informing about regulatory legal acts and methodological documents on the organization and implementation of state control (supervision), municipal control;
2) determining the goals, scope, timing of scheduled inspections;
3) informing about the results of inspections, the state of compliance with the legislation of the Russian Federation in the relevant field of activity and the effectiveness of state control (supervision), municipal control;
4) preparation, in accordance with the established procedure, of proposals for improving the legislation of the Russian Federation in terms of organizing and implementing state control (supervision), municipal control;
5) adoption of administrative regulations for the interaction of state control (supervision) bodies, municipal control bodies in the implementation of state control (supervision), municipal control;
6) advanced training of specialists exercising state control (supervision), municipal control.
2. State control (supervision) bodies, municipal control bodies, when organizing and implementing state control (supervision), municipal control, involve experts and expert organizations in carrying out control measures to assess the conformity of activities or actions (inactions) carried out by legal entities, individual entrepreneurs, goods produced and sold by them (work performed, services provided) to the mandatory requirements and requirements established by municipal legal acts, and analysis of compliance with these requirements, to monitor the effectiveness of state control (supervision), municipal control in relevant areas of activity, recording the results of inspections and necessary reporting about them.
3. Legal entities and individual entrepreneurs are not charged for carrying out control measures.
4. State control (supervision) bodies and municipal control bodies interact with self-regulatory organizations on issues of protecting the rights of their members in the exercise of state control (supervision) and municipal control.
5. Every year, state control (supervision) bodies, municipal control bodies, in the manner established by the Government of the Russian Federation, prepare reports on the implementation of state control (supervision), municipal control in relevant areas of activity, on the effectiveness of such control and submit these reports to the authorized Government The Russian Federation is a federal executive body that prepares an annual summary report on the state of state control (supervision), municipal control and its submission to the Government of the Russian Federation.
Article 8. Notification of the commencement of certain types of business activities
1. Legal entities and individual entrepreneurs are required to notify the federal executive body authorized by the Government of the Russian Federation in the relevant area (hereinafter in this article - the authorized federal executive body) about the start of certain types of business activities.
2. Notification of the start of certain types of business activities is submitted by legal entities and individual entrepreneurs performing work and services in accordance with the list of works and services approved by the Government of the Russian Federation as part of the following types of activities:
1) provision of hotel services, as well as services for temporary accommodation and provision of temporary accommodation;
2) provision of household services;
3) provision of services catering catering organizations;
4) retail trade (except retail goods whose circulation is limited in accordance with federal laws);
5) wholesale trade (with the exception of wholesale trade in goods, the turnover of which is limited in accordance with federal laws);
6) provision of services for the transportation of passengers and luggage on orders by road (except for the implementation of such transportation along regular transportation routes, as well as to meet the own needs of legal entities and individual entrepreneurs);
7) provision of services for the transportation of goods by road transport, the carrying capacity of which is over two tons of five hundred kilograms (with the exception of such transportation carried out to meet the own needs of legal entities and individual entrepreneurs);
8) production of textile materials, clothing;
9) clothing production;
10) production of leather, leather products, including shoes;
11) wood processing and production of wood and cork products, with the exception of furniture;
12) publishing and printing activities;
13) activities related to the use of computer technology and information technology(except for the specified activities carried out for the purpose of protecting state secrets).
3. Presentation of requirements for legal entities, individual entrepreneurs to obtain permits, opinions and other documents issued by state authorities, local government bodies, in order to begin business activities in relation to work and services as part of the types of activities specified in part 2 of this article, is not allowed.
4. The notification of the commencement of certain types of business activity shall indicate the compliance of a legal entity or individual entrepreneur with mandatory requirements, as well as the compliance of their employees, the business activities they carry out and the territories, buildings, structures, and structures intended for use in the process of carrying out their business activities. , premises, equipment, similar objects, vehicles, mandatory requirements and requirements established by municipal legal acts.
5. Notification of the commencement of certain types of business activities is submitted by a legal entity or individual entrepreneur to the authorized federal executive body after state registration and registration with tax authority before the actual performance of work or provision of services begins.
6. A legal entity or an individual entrepreneur must additionally report in writing to the authorized federal executive body information about the following changes:
1) change in the location of the legal entity and (or) the place of actual implementation of activities;
2) change of place of residence of an individual entrepreneur;
3) reorganization of a legal entity.
7. Information about the changes specified in Part 6 of this article shall be submitted to the authorized federal executive body no later than ten working days from the date of making the relevant entries in the Unified state register legal entities or the Unified State Register of Individual Entrepreneurs in the manner established by the legislation of the Russian Federation.
8. The Government of the Russian Federation establishes the form of notification of the commencement of certain types of business activities and the procedure for submitting such notifications to the authorized federal executive body, as well as the procedure for recording them.
9. Legal entities and individual entrepreneurs who carry out the types of activities specified in Part 2 of this article, in the event of failure to provide notifications about the commencement of certain types of business activities or the submission of such notifications containing false information, are liable in accordance with the legislation of the Russian Federation.
Chapter 2. State control (supervision), municipal control
Article 9. Organizing and conducting a scheduled inspection
1. The subject of a scheduled inspection is compliance by a legal entity or an individual entrepreneur in the process of carrying out activities with mandatory requirements and requirements established by municipal legal acts, as well as compliance of the information contained in the notification of the commencement of certain types of business activities with mandatory requirements.
2. Scheduled inspections are carried out no more than once every three years.
3. Scheduled inspections are carried out on the basis of annual plans developed by state control (supervision) bodies and municipal control bodies in accordance with their powers.
4. The following information is indicated in the annual plans for conducting scheduled inspections:
1) names of legal entities, surnames, first names, patronymics of individual entrepreneurs, whose activities are subject to scheduled inspections;
2) the purpose and basis for each scheduled inspection;
3) the date and timing of each scheduled inspection;
4) the name of the state control (supervision) body or municipal control body carrying out a specific scheduled inspection. When conducting a scheduled inspection by state control (supervision) bodies and municipal control bodies, the names of all bodies participating in such an inspection are jointly indicated.
5. The annual plan for conducting scheduled inspections approved by the head of the state control (supervision) body or municipal control body is brought to the attention of interested parties by posting it on the official website of the state control (supervision) body or municipal control body on the Internet or in any other accessible way.
6. Before November 1 of the year preceding the year of scheduled inspections, state control (supervision) bodies, municipal control bodies send, in the manner established by the Government of the Russian Federation, draft annual plans for conducting scheduled inspections to the prosecutor's office for the formation by the General Prosecutor's Office of the Russian Federation of the annual a consolidated plan for conducting scheduled inspections taking into account the provisions of the Federal Law "On the Prosecutor's Office of the Russian Federation". The form and content of the annual consolidated plan for conducting scheduled inspections are established by the Government of the Russian Federation.
7. The Prosecutor General’s Office of the Russian Federation publishes an annual consolidated plan for conducting scheduled inspections on the official website General Prosecutor's Office Russian Federation on the Internet until December 31 of the current calendar year.
8. The basis for including a scheduled inspection in the annual plan for conducting scheduled inspections is the expiration of three years from the date of:
1) state registration of a legal entity, individual entrepreneur;
2) completion of the last scheduled inspection of a legal entity, individual entrepreneur;
3) the legal entity or individual entrepreneur begins to carry out entrepreneurial activities in accordance with the notification submitted to the federal executive body authorized by the Government of the Russian Federation in the relevant area on the commencement of certain types of entrepreneurial activities in the case of performing work or providing services that require the submission of the specified notification.
9. In relation to legal entities and individual entrepreneurs carrying out activities in the field of healthcare, education, and the social sphere, scheduled inspections can be carried out two 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.
10. A scheduled inspection of legal entities and individual entrepreneurs - members of a self-regulatory organization is carried out in relation to no more than ten percent of the total number of members of the self-regulatory organization and no less than two members of the self-regulatory organization in accordance with the annual plan for conducting scheduled inspections, unless otherwise established by federal laws.
11. A scheduled inspection is carried out in the form of a documentary inspection and (or) an on-site inspection in the manner established respectively by Articles 11 and 12 of this Federal Law.
12. A legal entity or individual entrepreneur is notified of a scheduled inspection by the state control (supervision) body, municipal control body no later than three working days before the start of its conduct by sending a copy of the order or order of the head, deputy head of the state control (supervision) body. , municipal control body on the start of a scheduled inspection by order by post with acknowledgment of delivery or in any other available way.
13. In the event of a scheduled inspection of members of a self-regulatory organization, the state control (supervision) body, municipal control body are obliged to notify the self-regulatory organization in order to ensure the possibility of participation or presence of its representative during the scheduled inspection.
14. 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 a scheduled 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 scheduled inspection.
Article 10. Organizing and conducting an unscheduled inspection
1. The subject of an unscheduled inspection is compliance by a legal entity or an individual entrepreneur in the process of carrying out activities with mandatory requirements and requirements established by municipal legal acts, compliance with orders of state control (supervision) bodies, municipal control bodies, taking measures to prevent harm to the life and health of citizens, harm to animals, plants, environment, to ensure the security of the state, to prevent the occurrence of emergencies of a natural and man-made nature, 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;
2) receipt by state control (supervision) bodies, municipal control bodies of requests and applications from citizens, legal entities, individual entrepreneurs, information from state authorities, local governments, from funds mass 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).
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 part 2 of this article, cannot serve as the basis for an unscheduled checks.
4. An unscheduled inspection is carried out in the form of a documentary inspection and (or) an on-site inspection in the manner established, respectively, by Articles 11 and 12 of this Federal Law.
5. An unscheduled on-site inspection of legal entities and individual entrepreneurs classified as small or medium-sized businesses in accordance with the legislation of the Russian Federation may be carried out on the grounds specified in subparagraphs “a” and “b” of paragraph 2 of part 2 of this article by state authorities control (supervision), municipal control bodies after agreement with the prosecutor's office at the place of activity of such legal entities and individual entrepreneurs.
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 small or medium-sized businesses is established by the federal executive body authorized by the Government of the Russian Federation.
7. The procedure for the approval by the state control (supervision) body, the municipal control body with the prosecutor's office of an unscheduled on-site inspection of small or medium-sized businesses, as well as the approval of the prosecutor's office for the approval of an unscheduled on-site inspection is established by order of the Prosecutor General of the Russian Federation.
8. On the day of signing the order or order of the head, deputy head of the state control (supervision) body, municipal control body on conducting an unscheduled on-site inspection of small or medium-sized businesses in order to coordinate its conduct, the state control (supervision) body, municipal control body submit or send by registered mail with return receipt requested or in the form electronic document, signed with an electronic digital signature, to the prosecutor’s office at the place of activity of small or medium-sized businesses, 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.
9. 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.
10. 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 on approval of an unscheduled on-site inspection or refusal to approve its implementation.
11. 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) 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 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;
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, state security, as well as the occurrence of natural and man-made emergencies, detection of violations of mandatory requirements and requirements established by municipal legal acts, at the time of such violations 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 documents provided for in parts 6 and 7 of this article , to the prosecutor's office within twenty-four hours. In this case, the prosecutor or his deputy makes a decision to approve an unscheduled on-site inspection on the day the relevant documents are received.
13. The decision of the prosecutor or his deputy to approve the conduct of an unscheduled on-site inspection or to refuse to approve its conduct is drawn up in writing in two copies, one of which 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 electronic digital signature, to the state control (supervision) body, municipal control body.
14. If an immediate unscheduled on-site inspection is required, a copy of the decision to approve the unscheduled on-site inspection is sent by the prosecutor's office to the state control (supervision) body, municipal control body using the information and telecommunications network.
15. 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.
16. A legal entity or individual entrepreneur is notified of an unscheduled on-site inspection, with the exception of an unscheduled on-site inspection, the grounds for which are specified in paragraph 2 of part 2 of this article, by the state control (supervision) body, the municipal control body at least twenty-four hours before start its implementation in any available way.
17. If, as a result of the activities of a legal entity or individual entrepreneur, harm has been caused or is being caused to the life, health of citizens, harm to animals, plants, the environment, state security, and also emergency situations of a natural and man-made nature have arisen or may arise, prior notification of legal individuals and individual entrepreneurs are not required to initiate an unscheduled on-site inspection.
18. In the event of an unscheduled on-site inspection of members of a self-regulatory organization, the state control (supervision) body, the municipal control body are obliged to notify the self-regulatory organization about the unscheduled on-site inspection in order to ensure the possibility of participation or presence of its representative during the unscheduled on-site inspection.
19. Prosecutor's offices keep records of unscheduled on-site inspections of small and medium-sized businesses carried out by state control (supervision) bodies, municipal control bodies, as well as annual monitoring of unscheduled on-site inspections.
20. In case of detection of violations by members of 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.
Article 11. Documentary verification
1. The subject of a documentary check is the information contained in the documents of a legal entity, individual entrepreneur, establishing their organizational and legal form, rights and obligations, documents used in the implementation of their activities and related to their fulfillment of mandatory requirements and requirements established by municipal legal acts, execution of instructions and resolutions of state control (supervision) bodies and municipal control bodies.
2. The organization of a documentary inspection (both scheduled and unscheduled) is carried out in the manner established by Article 14 of this Federal Law, and is carried out at the location of the state control (supervision) body, municipal control body.
3. In the process of conducting a documentary inspection, officials of the state control (supervision) body, municipal control body, first of all, consider the documents of a legal entity, individual entrepreneur, available to the state control (supervision) body, municipal control body, including notifications of the beginning implementation of certain types of entrepreneurial activities, presented in the manner established by Article 8 of this Federal Law, reports of previous inspections, materials of consideration of cases on administrative offenses and other documents on the results of state control (supervision), municipal control carried out in relation to these legal entities, individual entrepreneurs.
4. If the reliability of the information contained in the documents available to the state control (supervision) body, municipal control body raises reasonable doubts or this information does not allow assessing the fulfillment by a legal entity, individual entrepreneur of mandatory requirements or requirements established by municipal legal acts, the state control (supervision) body, the municipal control body sends a motivated request to the address of the legal entity, the address of the individual entrepreneur with the requirement to submit other documents necessary for consideration during the documentary check. 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.
5. Within ten working days from the date of receipt of a reasoned request, a legal entity or individual entrepreneur is obliged to send the documents specified in the request to the state control (supervision) body, municipal control body.
6. The documents specified in the request are submitted in the form of copies certified by a seal (if any) and, accordingly, the signature of the individual entrepreneur, his authorized representative, manager, or other official of the legal entity.
7. It is not allowed to require notarization of copies of documents submitted to the state control (supervision) body, municipal control body, unless otherwise provided by the legislation of the Russian Federation.
8. If, during a documentary check, errors and (or) contradictions are revealed in the documents submitted by a legal entity, individual entrepreneur, or a discrepancy between the information contained in these documents and the information contained in the state control (supervision) body, municipal control body documents and (or) received during the implementation of state control (supervision), municipal control, information about this is sent to the legal entity, individual entrepreneur with the requirement to provide the necessary explanations in writing within ten working days.
9. A legal entity, individual entrepreneur, submitting to the state control (supervision) body, municipal control body explanations regarding identified errors and (or) contradictions in the submitted documents or regarding the inconsistency of the information specified in part 8 of this article, has the right to additionally submit to the state control body (supervision), municipal control body documents confirming the accuracy of previously submitted documents.
10. The official who conducts the documentary check is obliged to consider the explanations and documents submitted by the head or other official of the legal entity, individual entrepreneur, his authorized representative, confirming the accuracy of the previously submitted documents. If, after considering the submitted explanations and documents, or in the absence of explanations, the state control (supervision) body, municipal control body establishes signs of violation of mandatory requirements or requirements established by municipal legal acts, officials of the state control (supervision) body, municipal control body have the right to carry out on-site inspection.
11. When conducting a documentary check, the state control (supervision) body, municipal control body does not have the right to demand from a legal entity or individual entrepreneur information and documents that are not related to the subject of the documentary check.
Article 12. On-site inspection
1. The subject of an on-site inspection is the information contained in the documents of a legal entity, individual entrepreneur, as well as the compliance of their employees, the condition of the territories, buildings, structures, structures, premises, equipment, similar objects, vehicles used by these persons in carrying out their activities, produced and sold a legal entity, an individual entrepreneur, goods (work performed, services provided) and measures taken by them to comply with mandatory requirements and requirements established by municipal legal acts.
2. An on-site inspection (both scheduled and unscheduled) is carried out at the location of the legal entity, the place of activity of an individual entrepreneur and (or) at the place of actual implementation of their activities.
3. An on-site inspection is carried out if during a documentary inspection it is not possible to:
1) verify the completeness and reliability of the information contained in the notification of the commencement of certain types of business activities and other documents of a legal entity or individual entrepreneur available to the state control (supervision) body, municipal control body;
2) assess the compliance of the activities of a legal entity or individual entrepreneur with mandatory requirements or requirements established by municipal legal acts, without carrying out appropriate control measures.
4. 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, deputy head of the state control body ( supervision), the municipal control body 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 terms and conditions of its implementation.
5. The manager, other official or authorized representative of a legal entity, individual entrepreneur, his authorized representative are obliged to provide officials of the state control (supervision) body, municipal control body conducting an on-site inspection with the opportunity to familiarize themselves with documents related to the goals, objectives and subject matter on-site inspection, if the on-site inspection was not preceded by a documentary inspection, and also ensure access for officials conducting the on-site inspection and experts and representatives of expert organizations participating in the on-site inspection to the territory used by a legal entity, individual entrepreneur in the implementation of activities of buildings, structures, structures, premises, equipment used by legal entities, individual entrepreneurs, similar objects, vehicles and cargo transported by them.
Article 13. Check period
1. The period for conducting each of the inspections provided for in Articles 11 and 12 of this Federal Law cannot exceed twenty working days.
2. In relation to one small business entity total term conducting a scheduled on-site inspection cannot exceed fifty hours for a small enterprise and fifteen hours for a micro-enterprise per year.
3. 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 deadline for conducting an on-site scheduled inspection inspections 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, no more than for fifteen hours.
4. The deadline for each of the inspections provided for in Articles 11 and 12 of this Federal Law in relation to a legal entity that operates in the territories of several constituent entities of the Russian Federation is established separately for each branch and representative office of the legal entity.
Article 14. Procedure for organizing the inspection
1. The inspection is carried out on the basis of an order or order from the head, deputy head of the state control (supervision) body, or municipal control body. The standard form of an order or order of the head, deputy head of a state control (supervision) body, municipal control body is established by the federal executive body authorized by the Government of the Russian Federation. An inspection can only be carried out by an official or officials who are specified in the order or order of the head, deputy head of the state control (supervision) body, or municipal control body.
2. The order or order of the head, deputy head of the state control (supervision) body, municipal control body shall indicate:
1) name of the state control (supervision) body or municipal control body;
2) last names, first names, patronymics, positions of the official or officials authorized to conduct the inspection, as well as experts and representatives of expert organizations involved in the inspection;
3) the name of the legal entity or the last name, first name, patronymic of the individual entrepreneur, the verification of which is being carried out;
4) goals, objectives, subject of the inspection and the period for its implementation;
5) legal grounds for conducting an inspection, including mandatory requirements subject to inspection and requirements established by municipal legal acts;
6) timing and list of control measures necessary to achieve the goals and objectives of the audit;
7) a list of administrative regulations for carrying out control measures;
8) a list of documents, the submission of which by a legal entity or individual entrepreneur is necessary to achieve the goals and objectives of the audit;
9) start and end dates of the inspection.
3. Stamped copies of the order or order of the head, deputy head of the state control (supervision) body, municipal control body are handed over against signature by the officials of the state control (supervision) body, municipal control body conducting the inspection, to the head, other official or authorized representative of the legal entity person, individual entrepreneur, his authorized representative simultaneously with the presentation of official identification. At the request of the persons subject to inspection, officials of the state control (supervision) body, municipal control body are obliged to provide information about these bodies in order to confirm their powers.
4. At the request of the head, other official or authorized representative of a legal entity, individual entrepreneur, his authorized representative, officials of the state control (supervision) body, municipal control body are obliged to familiarize the persons subject to inspection with the administrative regulations for carrying out control measures and the procedure for their implementation on objects used by a legal entity or individual entrepreneur in carrying out activities.
Article 15. Limitations when conducting an inspection
When conducting an inspection, officials of the state control (supervision) body or municipal control body do not have the right to:
1) verify compliance with mandatory requirements and requirements established by municipal legal acts, if such requirements do not relate to the powers of the state control (supervision) body, municipal control body, on behalf of which these officials act;
2) carry out a scheduled or unscheduled on-site inspection in the absence of a manager, other official or authorized representative of a legal entity, individual entrepreneur, or his authorized representative during the inspection, except for the case of such an inspection on the basis provided for in subparagraph “b” of paragraph 2 of part 2 Article 10 of this Federal Law;
3) demand the submission of documents, information, product samples, inspection samples of environmental objects and industrial environment objects, if they are not objects of inspection or do not relate to the subject of inspection, and also seize the originals of such documents;
4) take product samples, inspection samples of environmental objects and industrial environment objects for carrying out their research, testing, measurements without drawing up protocols on the selection of these samples, samples in the established form and in quantities exceeding the norms established by national standards, rules for sampling, samples and methods of their research, testing, measurements, technical regulations or other regulatory technical documents and rules and methods of research, testing, measurements in force before the day of their entry into force;
5) disseminate information obtained as a result of the inspection and constituting a state, commercial, official, or other secret protected by law, except for cases provided for by the legislation of the Russian Federation;
6) exceed established deadlines conducting an inspection;
7) issue instructions or proposals to legal entities and individual entrepreneurs to carry out control measures at their expense.
Article 16. The procedure for recording the inspection results
1. Based on the results of the inspection, officials of the state control (supervision) body, municipal control body conducting the inspection draw up an act in the prescribed form in two copies. The standard form of the inspection report is established by the federal executive body authorized by the Government of the Russian Federation.
2. The inspection report shall indicate:
1) date, time and place of drawing up the inspection report;
2) name of the state control (supervision) body or municipal control body;
3) date and number of the order or order of the head, deputy head of the state control (supervision) body, municipal control body;
4) last names, first names, patronymics and positions of the official or officials who conducted the inspection;
5) the name of the legal entity being inspected or the last name, first name and patronymic of the individual entrepreneur, as well as the last name, first name, patronymic and position of the manager, other official or authorized representative of the legal entity, authorized representative of the individual entrepreneur who were present during the inspection;
6) date, time, duration and place of the inspection;
7) information on the results of the inspection, including on identified violations of mandatory requirements and requirements established by municipal legal acts, on their nature and on the persons who committed these violations;
8) information about familiarization or refusal to familiarize with the inspection report of the manager, other official or authorized representative of a legal entity, individual entrepreneur, his authorized representative present during the inspection, the presence of their signatures or refusal to sign, as well as information about making an entry in the audit log about the inspection carried out or about the impossibility of making such an entry due to the absence of the specified log at the legal entity or individual entrepreneur;
9) signatures of the official or officials who conducted the inspection.
3. Attached to the inspection report are protocols for the selection of product samples, inspection samples of environmental objects and industrial environment objects, protocols or conclusions of studies, tests and examinations, explanations from employees of a legal entity, employees of an individual entrepreneur who are held responsible for violation of mandatory requirements or requirements established by municipal legal acts, orders to eliminate identified violations and other documents or copies thereof related to the results of the inspection.
4. The inspection report is drawn up immediately after its completion in two copies, one of which with copies of the attachments is handed over to the manager, other official or authorized representative of the legal entity, individual entrepreneur, his authorized representative against a receipt for familiarization or refusal to familiarize himself with the inspection report. In the absence of the head, other official or authorized representative of a legal entity, individual entrepreneur, his authorized representative, as well as in the event of the refusal of the person being inspected to give a receipt for familiarization or refusal to familiarize himself with the inspection report, the act is sent by registered mail with return receipt requested, which is attached to a copy of the inspection report kept in the file of the state control (supervision) body or municipal control body.
5. If in order to draw up an inspection report it is necessary to obtain conclusions based on the results of studies, tests, special investigations, examinations, the inspection report is drawn up within a period not exceeding three working days after the completion of control measures and is handed over to the manager, other official or authorized to a representative of a legal entity, an individual entrepreneur, his authorized representative against signature, or sent by registered mail with a return receipt, which is attached to a copy of the inspection report kept on file with the state control (supervision) body or municipal control body.
6. If an unscheduled on-site inspection requires coordination with the prosecutor’s office, a copy of the inspection report is sent to the prosecutor’s office, which decided to approve the inspection, within five working days from the date of drawing up the inspection report.
7. The results of the inspection, containing information constituting state, commercial, official or other secrets, are formalized in compliance with the requirements stipulated by the legislation of the Russian Federation.
8. Legal entities and individual entrepreneurs are required to keep a log of inspections in a standard form established by the federal executive body authorized by the Government of the Russian Federation.
9. In the log book of inspections by officials of the state control (supervision) body, municipal control body, a record is made of the inspection carried out, containing information about the name of the state control (supervision) body, the name of the municipal control body, the start and end dates of the inspection, the time of its conduct , legal grounds, goals, objectives and subject of the inspection, violations identified and orders issued, as well as the surnames, first names, patronymics and positions of the official or officials conducting the inspection, his or their signatures.
10. The audit log must be stitched, numbered and certified with the seal of a legal entity or individual entrepreneur.
11. If there is no inspection log, a corresponding entry is made in the inspection report.
12. A legal entity, individual entrepreneur, whose inspection was carried out, in case of disagreement with the facts, conclusions, proposals set out in the inspection report, or with the issued order to eliminate the identified violations, within fifteen days from the date of receipt of the inspection report, has the right to submit to the relevant government body control (supervision), the municipal control body, in writing, objects to the inspection report and (or) the issued order to eliminate the identified violations in general or its individual provisions. In this case, a legal entity or individual entrepreneur has the right to attach to such objections documents confirming the validity of such objections, or their certified copies, or, within the agreed period, transfer them to the state control (supervision) body, municipal control body.
Article 17. Measures taken by officials of the state control (supervision) body, municipal control body in relation to violations identified during the inspection
1. If, during an inspection, violations by a legal entity or individual entrepreneur of mandatory requirements or requirements established by municipal legal acts are revealed, the officials of the state control (supervision) body, municipal control body who conducted the inspection, within the powers provided for by the legislation of the Russian Federation, are obliged :
1) issue an order to a legal entity or individual entrepreneur to eliminate the identified violations, indicating the time frame for their elimination;
2) take measures to monitor the elimination of identified violations, prevent them, prevent possible harm to life, health of citizens, harm to animals, plants, the environment, ensure state security, prevent the occurrence of emergencies of a natural and man-made nature, as well as measures to attract persons who committed the identified violations will be held accountable.
2. If during an inspection it is established that the activities of a legal entity, its branch, representative office, structural unit, individual entrepreneur, their operation of buildings, structures, structures, premises, equipment, similar objects, vehicles, goods produced and sold by them ( work performed, services provided) pose a direct threat of harm to life, health of citizens, harm to animals, plants, the environment, state security, emergencies of a natural and man-made nature, or such harm has been caused, the state control (supervision) body, municipal control body are obliged immediately take measures to prevent harm from happening or stop causing it, up to a temporary ban on the activities of a legal entity, its branch, representative office, structural unit, individual entrepreneur in the manner established by the Code of the Russian Federation on Administrative Offences, recall of products that pose a danger to the life and health of citizens and for the environment, from circulation and bring to the attention of citizens, as well as other legal entities, individual entrepreneurs in any available way information about the presence of a threat of harm and ways to prevent it.
Article 18. Responsibilities of officials of the state control (supervision) body, municipal control body when conducting an inspection
When conducting an inspection, officials of the state control (supervision) body and municipal control body are obliged to:
1) timely and fully fulfill the powers granted in accordance with the legislation of the Russian Federation to prevent, identify and suppress violations of mandatory requirements and requirements established by municipal legal acts;
2) comply with the legislation of the Russian Federation, the rights and legitimate interests of a legal entity, individual entrepreneur, the inspection of which is carried out;
3) conduct an inspection on the basis of an order or order of the head, deputy head of the state control (supervision) body, municipal control body on its conduct in accordance with its purpose;
4) check only during execution official duties, on-site inspection only upon presentation of official identification, a copy of the order or order of the head, deputy head of the state control (supervision) body, municipal control body and in the case provided for by Part 5 of Article 10 of this Federal Law, a copy of the document approving the inspection;
5) not prevent the manager, other official or authorized representative of a legal entity, individual entrepreneur, or his authorized representative from being present during the inspection and giving explanations on issues related to the subject of the inspection;
6) provide the manager, other official or authorized representative of a legal entity, individual entrepreneur, his authorized representative present during the inspection with information and documents related to the subject of the inspection;
7) acquaint the manager, other official or authorized representative of a legal entity, individual entrepreneur, his authorized representative with the results of the inspection;
8) take into account, when determining the measures taken in response to detected violations, the compliance of these measures with the severity of the violations, their potential danger to life, human health, animals, plants, the environment, state security, for the occurrence of emergencies of a natural and man-made nature, as well as not to allow unreasonable restrictions on the rights and legitimate interests of citizens, legal entities, and individual entrepreneurs;
9) prove the validity of their actions when appealing them by legal entities and individual entrepreneurs in the manner established by the legislation of the Russian Federation;
10) comply with the deadlines for conducting the inspection established by this Federal Law;
11) not demand from a legal entity or individual entrepreneur documents and other information, the presentation of which is not provided for by the legislation of the Russian Federation;
12) before the start of an on-site inspection, at the request of the manager, other official or authorized representative of a legal entity, individual entrepreneur, or his authorized representative, familiarize them with the provisions of the administrative regulations (if any) in accordance with which the inspection is carried out;
13) record the inspection performed in the inspection log.
Article 19. Responsibility of the state control (supervision) body, municipal control body, and their officials when conducting an inspection
1. The state control (supervision) body, the municipal control body, their officials in case of improper performance of functions, official duties, or commission of illegal actions (inaction) during an inspection are liable in accordance with the legislation of the Russian Federation.
2. State control (supervision) bodies, municipal control bodies exercise control over the performance of official duties by officials of the relevant bodies, keep records of cases of improper performance of official duties by officials, conduct relevant official investigations and take measures in accordance with the legislation of the Russian Federation in relation to such officials persons
3. Within ten days from the date of taking such measures, the state control (supervision) body, municipal control body are obliged to inform in writing the legal entity, individual entrepreneur, rights and ( or) whose legitimate interests are violated.
Article 20. Invalidity of the results of an inspection carried out in gross violation of the requirements of this Federal Law
1. The results of an inspection conducted by a state control (supervision) body, a municipal control body in gross violation of the requirements established by this Federal 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 a higher state control (supervision) body or a court on the basis of an application from a legal entity or individual entrepreneur.
2. Gross violations include violation of the requirements provided for:
1) parts 2, 3 (regarding the absence of grounds for conducting a scheduled inspection), part 12 of Article 9 and part 16 (regarding the period of notification of an inspection) of Article 10 of this Federal Law;
2) paragraph 2 of part 2, part 3 (in terms of the grounds for conducting an unscheduled on-site inspection), part 5 (in terms of coordination with the prosecutor's office of an unscheduled on-site inspection in relation to small and medium-sized businesses) of Article 10 of this Federal Law;
3) Part 2 of Article 13 of this Federal Law (in terms of violation of the terms and time of inspections in relation to small businesses);
4) Part 1 of Article 14 of this Federal Law (in terms of conducting an inspection without an order or order from the head, deputy head of the state control (supervision) body, municipal control body);
5) paragraph 3 (in terms of the requirement for documents not related to the subject of the inspection), paragraph 6 (in terms of exceeding the established deadlines for conducting inspections) of Article 15 of this Federal Law;
6) Part 4 of Article 16 of this Federal Law (in terms of failure to submit an inspection report).
Chapter 3. Rights of legal entities, individual entrepreneurs in the exercise of state control (supervision), municipal control and protection of their rights
Article 21. Rights of a legal entity or individual entrepreneur during an inspection
When conducting an inspection, the manager, other official or authorized representative of a legal entity, individual entrepreneur, his authorized representative have the right:
1) be directly present during the inspection, give explanations on issues related to the subject of the inspection;
2) receive from the state control (supervision) body, municipal control body, and their officials information that relates to the subject of the inspection and the provision of which is provided for by this Federal Law;
3) 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 officials of the state control (supervision) body, municipal control body;
4) appeal the actions (inaction) of officials of the state control (supervision) body, municipal control body, which entailed a violation of the rights of a legal entity, individual entrepreneur during an inspection, in administrative and (or) judicial procedure in accordance with the legislation of the Russian Federation.
Article 22. The right of legal entities and individual entrepreneurs to compensation for damage caused during the exercise of state control (supervision), municipal control
1. Damage caused to legal entities and individual entrepreneurs as a result of the actions (inaction) of officials of the state control (supervision) body, municipal control body, recognized as unlawful in the manner established by the legislation of the Russian Federation, is subject to compensation, including lost profits (lost income), at the expense of funds from the relevant budgets in accordance with civil legislation.
2. When determining the amount of damage caused to legal entities and individual entrepreneurs illegal actions(inaction) of the state control (supervision) body, municipal control body, their officials, expenses of legal entities and individual entrepreneurs attributable to the cost of products (works, services) or financial results their activities, and the costs that legal entities, individual entrepreneurs, whose rights and (or) legitimate interests have been violated, have incurred or must incur to receive legal or other professional assistance.
3. Damage caused to legal entities and individual entrepreneurs by lawful actions of officials of a state control (supervision) body or municipal control body is not subject to compensation, except for cases provided for by federal laws.
Article 23. Protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision), municipal control
1. Protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision), municipal control is carried out administratively and (or) judicially in accordance with the legislation of the Russian Federation.
2. An application to appeal against actions (inaction) of a state control (supervision) body or municipal control body or their officials is subject to consideration in the manner established by the legislation of the Russian Federation.
3. Regulatory legal acts of state control (supervision) bodies or municipal legal acts of municipal control bodies that violate the rights and (or) legitimate interests of legal entities, individual entrepreneurs and do not comply with the legislation of the Russian Federation may be declared invalid in whole or in part in the manner established legislation of the Russian Federation.
Article 24. Public protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision), municipal control
1. Legal entities, regardless of their organizational and legal form, in accordance with the statutory documents, individual entrepreneurs have the right to protect their rights and (or) legitimate interests in the manner established by the legislation of the Russian Federation.
2. Associations of legal entities, individual entrepreneurs, self-regulatory organizations have the right to:
1) contact the prosecutor’s office with a request to protest against regulatory legal acts that are contrary to the law, on the basis of which inspections of legal entities and individual entrepreneurs are carried out;
2) go to court in defense of the rights and (or) legitimate interests of legal entities, individual entrepreneurs who are members of these associations, self-regulatory organizations, violated during the implementation of state control (supervision), municipal control.
Article 25. Responsibility of legal entities and individual entrepreneurs for violation of this Federal Law
1. When conducting inspections, legal entities are obliged to ensure the presence of managers, other officials or authorized representatives of legal entities; individual entrepreneurs are required to be present or ensure the presence of authorized representatives responsible for organizing and conducting activities to fulfill the mandatory requirements and requirements established by municipal legal acts.
2. Legal entities, their managers, other officials or authorized representatives of legal entities, individual entrepreneurs, their authorized representatives who have committed a violation of this Federal Law, unreasonably impeding inspections, evading inspections and (or) not complying with the instructions of the authorities within the prescribed period state control (supervision), municipal control bodies for eliminating identified violations of mandatory requirements or requirements established by municipal legal acts are responsible in accordance with the legislation of the Russian Federation.
Chapter 4. Final provisions
Article 26. On the recognition as invalid of certain legislative acts (provisions of legislative acts) of the Russian Federation
Declare invalid:
1) Federal Law of August 8, 2001 N 134-FZ “On the protection of the rights of legal entities and individual entrepreneurs during state control (supervision)” (Collected Legislation of the Russian Federation, 2001, N 33, Art. 3436);
2) Federal Law of October 30, 2002 N 132-FZ “On introducing an amendment to Article 1 of the Federal Law “On the protection of the rights of legal entities and individual entrepreneurs during state control (supervision)” (Collected Legislation of the Russian Federation, 2002, N 44, Art. 4297);
3) paragraph 2 of Article 33 of the Federal Law of January 10, 2003 N 17-FZ “On Railway Transport in the Russian Federation” (Collected Legislation of the Russian Federation, 2003, N 2, Art. 169);
4) Federal Law of October 1, 2003 N 129-FZ “On introducing amendments and additions to Article 7 of the Federal Law “On the protection of the rights of legal entities and individual entrepreneurs during state control (supervision)” (Collected Legislation of the Russian Federation, 2003, N 40, art. 3820);
5) Article 2 of the Federal Law of July 2, 2005 N 80-FZ "On Amendments to the Federal Law "On Licensing of Certain Types of Activities", the Federal Law "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs during State Control (Supervision)" and Code of the Russian Federation on Administrative Offences" (Collection of Legislation of the Russian Federation, 2005, N27, Art. 2719);
6) Article 3 of the Federal Law of December 31, 2005 N 206-FZ "On Amendments to the Federal Law "On the Entry into Force Town Planning Code Russian Federation" and some others legislative acts of the Russian Federation on issues of improving urban planning activities" (Collection of Legislation of the Russian Federation, 2006, No. 1, Art. 17).
Article 27. Entry into force of this Federal Law
1. This Federal Law comes into force on July 1, 2009, with the exception of parts 6 and 7 of Article 9 of this Federal Law.
3. Regulatory legal acts in force on the territory of the Russian Federation are applied to the extent that does not contradict this Federal Law, from the day this Federal Law comes into force until the day they are brought into compliance with this Federal Law.
4. From January 1, 2011, legal entities and individual entrepreneurs have the right to send to the federal executive body authorized by the Government of the Russian Federation in the relevant area notifications about the start of business activities in the form of an electronic document signed with an electronic digital signature, in the manner established by the Government of the Russian Federation.
President of the Russian Federation
D. Medvedev
The basic principles of protecting the rights of legal entities and individual entrepreneurs during state control (supervision) are:
presumption of good faith of a legal entity or individual entrepreneur;
compliance international treaties Russian Federation;
openness and accessibility for legal entities and individual entrepreneurs of regulatory legal acts that establish mandatory requirements, the implementation of which is verified during state control (supervision);
establishment of mandatory requirements by federal laws and regulations adopted in accordance with them;
carrying out control measures by authorized officials of state control (supervision) bodies;
compliance of the subject of the control activity with the competence of the state control (supervision) body;
frequency and efficiency of control activities, providing for their complete and fastest implementation within the established period;
accounting for control measures carried out by state control (supervision) bodies;
the possibility of appealing against actions (inaction) of officials of state control (supervision) bodies that violate the procedure for carrying out control measures established by this Federal Law, other federal laws and normative legal acts adopted in accordance with them;
recognition, in the manner established by federal legislation, as invalid (in whole or in part) of regulatory legal acts establishing mandatory requirements, compliance with which is subject to verification if they do not comply with federal laws;
elimination in full by state control (supervision) bodies of violations committed if the court recognizes the complaint of a legal entity or individual entrepreneur as justified;
responsibility of state control (supervision) bodies and their officials during state control (supervision) for violation of the legislation of the Russian Federation;
the inadmissibility of state control (supervision) bodies charging fees from legal entities and individual entrepreneurs for carrying out control measures, with the exception of cases of reimbursement of expenses of state control (supervision) bodies for carrying out research (tests) and examinations, as a result of which violations of mandatory requirements were identified;
the inadmissibility of direct receipt by state control (supervision) bodies of deductions from amounts collected from legal entities and (or) individual entrepreneurs as a result of control measures.
Powers of federal executive authorities in the field of protecting the rights of legal entities and individual entrepreneurs during state control (supervision)
Control measures are carried out on the basis of orders (orders indicating the number and date, name of the state control body, full name and position of persons, both parties, goals and objectives of the event) of state control (supervision) bodies.
The order (order) to carry out a control measure or its sealed copy is presented by the official carrying out the control measure, to the head or other official of a legal entity or to an individual entrepreneur simultaneously with an official identification card.
- 2. A control measure can be carried out only by the official (persons) indicated in the order (order) on conducting the control measure.
- 3. The duration of the control activity should not exceed one month. (May be extended due to examinations, but not more than 1 month).
- 4. In order to verify compliance by legal entities and individual entrepreneurs with mandatory requirements, the state control (supervision) body, within its competence, carries out planned control measures.
- 5. An unscheduled inspection, the subject of which is monitoring the implementation of orders to eliminate identified violations, is subject to the activities of a legal entity or individual entrepreneur when violations of mandatory requirements are identified as a result of a planned monitoring event.
Unscheduled control activities are carried out by state control (supervision) bodies also in the following cases:
obtaining information from legal entities, individual entrepreneurs, government bodies about the occurrence of emergency situations, about changes or violations technological processes, as well as the failure of structures and equipment that can directly cause harm to the life, health of people, the environment and property of citizens, legal entities and individual entrepreneurs;
the emergence of a threat to the health and life of citizens, environmental pollution, damage to property, including in relation to similar goods (works, services) of other legal entities and (or) individual entrepreneurs;
If violations of mandatory requirements are detected by members of a self-regulatory organization, officials of the state control (supervision) body are obliged, when carrying out planned control activities, to inform the self-regulatory organization about the identified violations. Decision made indicating the violations committed by members of the self-regulatory organization and the circumstances that served as the basis for the adoption of such a decision, is brought to the attention of the self-regulatory organization in writing by the state control (supervision) body within three days from the date of its adoption.
When carrying out control measures, officials of state control (supervision) bodies are not entitled to:
verify compliance with mandatory requirements that are not within the competence of the state control (supervision) body on behalf of which officials act;
carry out scheduled inspections in the absence of officials or employees of inspected legal entities or individual entrepreneurs or their representatives during control activities;
demand the presentation of documents, information, samples (samples) of products, if they are not the objects of control measures and do not relate to the subject of inspection, and also seize original documents related to the subject of inspection;
demand samples (samples) of products for carrying out their research (tests), examination without issuing an act on the selection of samples (samples) of products in the prescribed form and in quantities exceeding the norms established state standards or other regulatory documents;
disseminate information that constitutes a secret protected by law and obtained as a result of control measures, except for cases provided for by the legislation of the Russian Federation;
exceed the established deadlines for carrying out control measures.
The procedure for recording the results of control activities
1. Based on the results of the control event, the official (persons) of the state control (supervision) body carrying out the inspection draws up an act of the established form in two copies.
The act specifies:
date, time and place of drawing up the act;
name of the state control (supervision) body;
date and number of the order on the basis of which the control measure was carried out;
last name, first name, patronymic and position of the person(s) who carried out the control event;
the name of the legal entity being inspected or the last name, first name, patronymic of an individual entrepreneur, last name, first name, patronymic, position of a representative of a legal entity or a representative of an individual entrepreneur present during the control event;
date, time and place of the control event;
information about the results of control activities, including violations identified, their nature, and persons who are held responsible for committing these violations;
information about familiarization or refusal to familiarize with the act of a representative of a legal entity or individual entrepreneur, as well as persons present during the control event, their signatures or refusal to sign;
signature of the official(s) who carried out the control measure.
Attached to the act are acts on the selection of samples (tests) of products, protocols (conclusions) of studies (tests) and examinations, explanations of officials of state control (supervision) bodies.
- 2. One copy of the act with copies of appendices is handed over to the head of the legal entity or his deputy and the individual entrepreneur or their representatives against signature or sent by mail with a receipt receipt, which is attached to the copy of the act remaining in the file of the state control (supervision) body.
- 3. If, as a result of control measures, an administrative offense is detected by an official of the state control (supervision) body, a protocol is drawn up in the manner established by the legislation of the Russian Federation on administrative offenses, and instructions are given to eliminate the identified violations.
- 4. The results of control activities containing information constituting a state secret are documented in compliance with the requirements provided for by the legislation of the Russian Federation on the protection of state secrets.
- 5. Legal entities and individual entrepreneurs keep a log of control activities.
The logbook of control activities must be stitched, numbered and certified with the seal of a legal entity or individual entrepreneur.
In the absence of a log of control measures, a corresponding entry is made in the act drawn up based on the results of the control measures taken.
Measures taken by officials of state control (supervision) bodies in response to violations identified during control activities
- 1. If violations of mandatory requirements are identified by a legal entity or individual entrepreneur, they are obliged to take measures to control the elimination of identified violations, their prevention, the prevention of possible harm to life, health, the environment and property, as well as measures to attract persons who committed violations, to responsibility.
- 2. If, during a control event, it is established that a product (work, service) can cause harm to the life, health, environment and property of consumers, the state control (supervision) body is obliged to bring information about the dangerous product to the attention of consumers ( work, service).
- 3. The state control (supervision) body may apply to the court with a claim for reimbursement of expenses for conducting research (tests) and examinations, as a result of which violations of mandatory requirements were identified.
The right of legal entities and individual entrepreneurs to compensation for losses incurred during state control (supervision)
When determining the amount of losses caused to a legal entity or individual entrepreneur by unlawful actions of officials of the state control (supervision) body, the expenses of the legal entity or individual entrepreneur attributable to the cost of production (work, services) or to the financial results of its activities, as well as expenses , which a legal entity or individual entrepreneur, whose rights have been violated, have made or will have to make in order to receive legal or other professional assistance.
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 information, the provision of which is provided for by this Federal Law and other regulatory legal acts;
get acquainted with the results of control measures and indicate in acts of your familiarization, agreement or disagreement with them, as well as with individual actions of officials of state control (supervision) bodies;
appeal against the actions (inaction) of officials of state control (supervision) bodies in administrative and (or) judicial proceedings in accordance with the legislation of the Russian Federation.
Legal entities and individual entrepreneurs ensure, at the request of the state control (supervision) body, the presence of their officials responsible for organizing and conducting activities to comply with mandatory requirements, and (or) their representatives during control activities.
Protection of the rights of entrepreneurs during state control (supervision)
Actions regulatory authorities are not always lawful. Therefore, entrepreneurs should be aware of the provisions of the Federal Law of December 26, 2008 N 294-FZ On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control." In accordance with Article 13, the deadline for conducting each of the checks provided for in the articles 11 and 12 of this Federal Law, cannot exceed twenty working days in relation to one small business entity, the total period for conducting scheduled on-site inspections cannot exceed fifty hours for a small enterprise and fifteen hours for a micro-enterprise per year. In exceptional cases related to the need to conduct them. 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 body, but not for more than twenty working days, in relation to small enterprises, micro-enterprises for no more than fifteen hours.
Subject A planned inspection is the 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, as well as compliance of the information contained in the notification of the commencement of certain types of business activities with mandatory requirements. Scheduled inspections are carried out no more than once every three years. However, if your activities are carried out in the field of healthcare, education, or social sphere, scheduled inspections can 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.
When carrying out control measures, officials of state control (supervision) bodies are not entitled to:
- · check compliance with mandatory requirements that are not within the competence of Rostechnadzor;
- · carry out scheduled inspections in the absence of officials or employees of inspected legal entities or individual entrepreneurs or their representatives during control activities;
- · demand the presentation of documents, information, samples (samples) of products, if they are not objects of control measures and do not relate to the subject of inspection, as well as seize original documents related to the subject of inspection;
- · demand samples (samples) of products for carrying out their research (testing), examination without issuing an act on the selection of samples (samples) of products in the prescribed form and in quantities exceeding the norms established by state standards or other regulatory documents;
- · disseminate information that constitutes a secret protected by law and obtained as a result of control measures, except for cases provided for by the legislation of the Russian Federation;
- · Exceed the established deadlines for carrying out control measures.
- · According to Article 21, the manager, other official or authorized representative of a legal entity, individual entrepreneur, his authorized representative during an inspection have the right:
- 1) be directly present during the inspection, give explanations on issues related to the subject of the inspection;
- 2) receive from the state control (supervision) body, municipal control body, and their officials information that relates to the subject of the inspection and the provision of which is provided for by this Federal Law;
- 3) 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 officials of the state control (supervision) body, municipal control body;
- 4) appeal against the actions (inaction) of officials of the state control (supervision) body, municipal control body, which entailed a violation of the rights of a legal entity, individual entrepreneur during an inspection, in administrative and (or) judicial proceedings in accordance with the legislation of the Russian Federation.
Damage caused to a legal entity and individual entrepreneur as a result of the actions (inaction) of officials of state control (supervision) bodies is subject to compensation in accordance with civil law. To protect his position, an entrepreneur can challenge the act of the state body exercising control in court, and in cases directly provided for by law - in administrative procedure, but a decision made on an entrepreneur’s complaint in an administrative manner can be challenged by the entrepreneur in court.
Business law. Cheat sheets Antonov A.P.
85. General principles protection of entrepreneurs' rights
The rights of entrepreneurs in our country are protected by law.
Basic methods of protection:
Recognition of law;
Restoring the situation that existed before the violation of rights and suppressing actions that violate the right or create a threat of its violation;
Recognizing a contested transaction as invalid and applying the consequences of its invalidity, applying the consequences of the invalidity of a void transaction;
Invalidation of an act of a state body or local government body;
Self-defense rights;
Award for fulfillment of obligations in kind;
Compensation for damages;
Collection of penalties;
Compensation for moral damage;
Termination or change of legal relationship;
Failure by the court to apply an act of a state body or local government body that is contrary to the law.
Current legislation provides a person whose rights have been violated or challenged with the opportunity to go to court ( arbitration court, arbitration court) for their protection. Civil code The Russian Federation (Article 11) allows for the establishment in law of another method of protecting the rights of entrepreneurs - administratively. The injured party can, and if this is provided by law, is obliged to address its demands to the administrative body. However, if the latter's decision is unsatisfactory, the right to go to court remains.
Only rights that are properly exercised and do not conflict with the interests of society, the entire civil society and its individual participants are protected. Actions of entrepreneurs carried out solely with the intention of causing harm to another person, the use civil rights in order to limit competition, abuse of a dominant position in the market, as well as abuse of rights in other forms, are not allowed (Article 10 of the Civil Code of the Russian Federation). In this case, the court will not only refuse to protect the right that belongs to him, but may also apply appropriate sanctions to him - compensation for harm caused, sanctions established by antimonopoly legislation.
This text is an introductory fragment. From the book Business Law author Smagina IA From the book Civil Code of the Russian Federation. Parts one, two, three and four. Text with changes and additions as of May 10, 2009 author Team of authors From the book Legal basis forensic medicine and forensic psychiatry in the Russian Federation: Collection of normative legal acts author Author unknown From the book Civil Code of the Russian Federation. Parts one, two, three and four. Text with changes and additions as of November 1, 2009. author Author unknown From the book Civil Code of the Russian Federation. Parts one, two, three and four. Text with changes and additions as of October 21, 2011 author Team of authors From the book Civil Code of the Russian Federation by GARANT From the book Business Law. Cheat sheets author Antonov A.P. From the book How and where to write a complaint correctly in order to assert your rights author Nadezhdina VeraChapter 4. GENERAL PRINCIPLES OF ENSURING THE SAFETY OF CITIZENS AND PROTECTION OF THE ENVIRONMENT WHEN CARRYING OUT WORK FOR THE STORAGE, TRANSPORTATION AND DESTRUCTION OF CHEMICAL WEAPONS AND THE MAIN TASKS FOR THEIR ENSURING ARTICLE 12. General principles of ensuring the safety of citizens and protection
From the book Legal Support for Entrepreneurship author Shevchuk Denis AlexandrovichARTICLE 12. General principles of ensuring the safety of citizens and protecting the environment Ensuring the safety of citizens and protecting the environment when carrying out work on the storage, transportation and destruction of chemical weapons are regulated by regulatory legal
From the book Driver's Rights 2014. How to resist an unscrupulous traffic cop? With a table of penalties author Usoltsev Dmitry AlexandrovichArticle 1253. Responsibility of legal entities and individual entrepreneurs for violations of exclusive rights If a legal entity repeatedly or grossly violates exclusive rights on results intellectual activity and on means of individualization, court
From the author's bookARTICLE 1253. Liability of legal entities and individual entrepreneurs for violations of exclusive rights If a legal entity repeatedly or grossly violates the exclusive rights to the results of intellectual activity and to means of individualization, the court
From the author's book From the author's book84. The concept of protecting the rights and legitimate interests of entrepreneurs Protecting the rights and legitimate interests of entrepreneurs is one of the most important functions of law. The main principles of civil legislation include: the need for unhindered
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From the author's book6. General principles of protection of rights Draw up a protocol. What to do? 1. Carefully read everything that the inspector writes down in the protocol.2. Write your explanations directly into the protocol: you have the right to do so. Let me explain: “explanation” is the columns in the protocol itself, they are called
In accordance with the Federal Law of December 26, 2008 N 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control”, a planned control measure in relation to one legal entity or individual entrepreneur may not be carried out more than once every three years.
In relation to a small business entity, a planned control measure can be carried out no earlier than three years from the date of its state registration.
Unscheduled events.
An unscheduled inspection, the subject of which is monitoring the execution of orders to eliminate identified violations, is subject to the activities of a legal entity or individual entrepreneur when violations of mandatory requirements are identified as a result of a planned monitoring event.
The basis for conducting an unscheduled inspection is:
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;
Receipt of requests and applications from citizens, including individual entrepreneurs, legal entities, to state control (supervision) bodies, municipal control bodies, information from state authorities, local governments, and the media about the following facts:
the emergence of a threat of harm to the life and health of citizens, 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 threats of natural and man-made emergency situations;
causing harm to the life and health of citizens, harm to animals, plants, the environment, objects cultural heritage(historical and cultural monuments) of the peoples of the Russian Federation, state security, as well as the occurrence of natural and man-made emergencies;
violation of consumer rights (in the case of appeals from citizens whose rights have been violated);
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.
Appeals that do not allow the identification of the person who applied to the state control (supervision) body cannot serve as a basis for carrying out an unscheduled control event.
Persons of state control (supervision) bodies when carrying out control measures do not have the right:
Check compliance with requirements that are not within their competence;
Carry out scheduled inspections in the absence of officials or employees of the inspected legal entities or individual entrepreneurs or their representatives during the activities;
Require the presentation of documents, information, samples (samples) of products, if they do not relate to the subject of inspection, and also seize original documents related to the subject of inspection;
Request samples (samples) of products for examination without drawing up the corresponding act;
Disseminate information that constitutes a legally protected secret obtained as a result of control measures;
Exceed the established deadlines for carrying out control measures.
The duration of the control activity should not exceed twenty days and in exceptional cases may be extended, but not more than twenty days.
Rights of legal entities and individual entrepreneurs when carrying out control measures:
Be directly present during control activities and provide explanations;
Get acquainted with the results of control measures and indicate in the acts of your familiarization, agreement or disagreement with them, as well as with individual actions of officials of state control (supervision) bodies;
Appeal against the actions (inaction) of officials of state control bodies in administrative and (or) judicial proceedings.
It is unacceptable for state control (supervision) bodies to charge fees from legal entities and individual entrepreneurs for carrying out control measures, with the exception of cases of reimbursement of expenses of state control bodies for carrying out research (tests) and examinations, as a result of which violations of mandatory requirements were identified.
The law does not apply to control measures:
During which the interaction of state control (supervision) bodies with legal entities and individual entrepreneurs is not required and they are not assigned responsibilities for providing information and fulfilling the requirements of state control (supervision) bodies;
Conducted in relation to legal entities and individual entrepreneurs on their initiative.
The provisions of the law do not apply to relations related to the conduct of:
Tax control;
Currency control;
Budgetary control;
Banking and insurance supervision, as well as other types of special state control over the activities of legal entities and individual entrepreneurs in the financial market;
Transport control;
State control (supervision) of sea and river port administrations and inspection services civil aviation airports in the territories of these ports;
Customs control;
Immigration Control;
License control;
Safety control when using nuclear energy;
Sanitary-quarantine, quarantine phytosanitary and veterinary control at crossing points of the State border of the Russian Federation;
Control of objects recognized as dangerous in accordance with the legislation of the Russian Federation, as well as particularly important and sensitive objects, the list of which is established by the Government of the Russian Federation;
Operational search activities, inquiry, preliminary investigation, prosecutorial supervision and justice;
State metrological control.
