What Rospotrebnadzor checks. Inspection by Rospotrebnadzor

The controlling body, today called Rospotrebnadzor, used to have the name “sanitary and epidemiological station”. Entrepreneurs fear a visit from inspectors from the SES no less than they fear an inspection by tax officials or firefighters. Along with the Ministry of Emergency Situations, Rospotrebnadzor has become the leader in the number of inspections over the past two years. Everything related to inspections carried out by this body is reflected in Decree of the Government of the Russian Federation No. 322 of June 30, 2005.

What does a businessman face when checking an organization that monitors the quality and safety of consumer services? What are the stages of this verification? What can you expect, can you prepare? Let's take a closer look.

Who should expect guests from the SES and when?

No organization will be able to escape the watchful eye of Rospotrebnadzor. Any enterprise, no matter what type of activity it engages in, is subject to control over the production of products, services provided, and even the maintenance of the premises it occupies.

Inspection by Rospotrebnadzor is possible at any stage of the operation of an enterprise: both during commissioning and over the coming years. The new legislation obliges entrepreneurs, under threat of a fine, to notify Rospotrebnadzor about the start or change of types of activity, so that it will not be possible to “slip past” this organization.

REFERENCE! The Federal Law “On the Sanitary and Epidemiological Welfare of the Population” allows for monitoring even during construction or reconstruction.

The verification itself will not last longer than 20 days (extension is possible only in special situations). For on-site inspections of small businesses, quality officers are given no more than 50 hours during the year, and if we are talking about a micro-enterprise, then even 15 hours.

Government services

The Federal Service is responsible for state registration of products that are introduced to the market for the first time. Based on the results of the procedure, a state registration certificate is issued. If necessary, changes are made to the current document. The list of public services of Rospotrebnadzor also includes:

provision of sanitary and epidemiological conclusions for a certain type of economic activity and project documentation;
obtaining a license for activities that involve the use of infectious disease agents;
registration of licenses for legal entities whose activities are related to objects generating ionizing radiation.

The agency provides duplicate documents that confirm the issuance of these licenses, and also deals with the re-issuance of relevant documentation.

Schedule of scheduled inspections

The inspection schedule of Rospotrebnadzor provides for visits by inspectors approximately every three years.

INFORMATION! Enterprises related to the educational, social and healthcare sectors are inspected much more often according to the plan.

Anyone can familiarize themselves with the annual schedule of scheduled inspections on the website of Rospotrebnadzor and the Prosecutor General’s Office.

Rospotrebnadzor will send a notification about the upcoming scheduled inspection three days before its start.

Drawing up an application for judicial appeal

You can draw up an application to the court yourself - now we will tell you about the main points and features of the petition. But if possible, it is better to contact a lawyer who will not only competently describe the circumstances of the incident, but will also be able to make references to legislative documents confirming the violation of the entrepreneur’s rights.

The application must include:

name of the judicial authority to which the complaint was sent;
the decision that is subject to challenge – date, number, grounds;
reference to specific articles confirming violation of the rights of an entrepreneur;
specific requirement - to challenge the order, to cancel administrative liability;
grounds for recognizing an act or resolution as invalid;
information about the parties – the plaintiff and the defendant. Includes full name, address, telephone numbers.

The absence of even one of these points may serve as a reason for refusing to initiate an administrative case and returning the documents for revision.

Example of a statement of claim

Checklists for the salon’s readiness for inspection by Rospotrebnadzor

Emergency check

Rospotrebnadzor may carry out inspections outside the plan in the following cases:

upon a received complaint (client, counterparty, government agency);
in the event of an emergency;
upon expiration of previously issued orders;
with the beginning of the introduction of new activities.

A businessman will learn about an unscheduled inspection a maximum of 24 hours in advance.

NOTE! Since 2015, companies selling products and providing catering services can be inspected suddenly, without warning (Article 2 of the Federal Law of December 31, 2014).

Reasons for refusal to consider a complaint

Please note that filing an application does not guarantee that violations will be corrected. In certain cases, Rospotrebnadzor may even refuse to consider. These include the following:

Rospotrebnadzor does not have the authority to resolve the issue.
The application lacks basic information (for example, the applicant’s contact information). Anonymous applications will not be considered.
The claims are speculation, not fact.
There were no attempts to peacefully resolve the situation.
If there is a threat, as well as insults or profanity in the text of the statement.
If the wording is illiterate or it is impossible to read the statement.
When filing the same complaint earlier and in the absence of new evidence in the text.
If responding to a complaint requires declassifying confidential documents.

What exactly will they check?

Decree of the Government of the Russian Federation No. 322, which approved the Regulations on the Federal Service for Supervision in the Sphere of Consumer Rights Protection, outlines the range of interests of auditors from Rospotrebnadzor.

Compliance of business activities with sanitary requirements and standards. For example:
availability and correctness of the price list and price tags;
footage, lighting, ventilation, sewerage, smoking areas, fire exits, etc.;
quality of goods, their placement, labeling, packaging;
condition of the premises, organization of cleaning and garbage removal, disinfection measures, extermination of insects and rodents, etc.
Compliance with consumer laws.
Availability of certificates, declarations of conformity, sanitary inspection reports for certain categories of goods and services.
The relationship between the entrepreneur’s activities and legal requirements, for example:
accessibility of the consumer corner, book of complaints and suggestions, charter of the enterprise, TIN of the manager;
use of external advertising;
presence of information signs;
ensuring child safety;
convenience for people with disabilities, etc.

What exactly are the lawyers of KG ETALON ready to do for you:

Analyze organizational and administrative documents (directives/orders) regulating the company’s activities during the period of “high alert mode”;
Draw up organizational and administrative documents (directives/orders) regulating the company’s activities during the period of “high alert mode”:

Order on the introduction of a high alert regime in connection with the threat of the spread of coronavirus infection;
Order on organizing work in an unfavorable epidemiological situation;
Instructions/orders for the prevention of new coronavirus infection;
Documents confirming the disinfection of premises with the required regularity (schedule, log - form);
Order to measure employees' temperature;
Temperature measurement log (form);
Instructions on the procedure for incoming inspection;
Order appointing someone responsible for preventive measures, etc.

The punitive powers of Rospotrebnadzor

Identified violations provide inspectors with grounds for the following measures:

issuing orders to eliminate deficiencies with subsequent monitoring;
the inevitable imposition of a fine on the organization and/or individual officials, depending on the degree of guilt (up to 500 thousand rubles);
a decision to ban the sale of certain products or the provision of certain types of services;
confiscation of certain goods;
introduction of quarantine;
complete suspension of the enterprise's activities;
criminal liability for the manager.

The result of the inspection is drawn up in a special act, which is handed to the inspected entrepreneur and can be appealed within a decade. Received orders can be challenged within 3 months.

Types of appeal

Based on the results of the Rospot rebnadzor inspection, the entrepreneur receives :

an inspection report is an informational document that does not force an individual entrepreneur or legal entity to take any actions. The act simply states the fact of the inspection and its results;
an order requiring the elimination of violations;
resolution on administrative liability.

An order or resolution regarding detected violations can be appealed based on Federal Law No. 294-FZ “On the protection of the rights of legal entities and entrepreneurs in the exercise of state control (supervision) and municipal control.” This document regulates the rights of individual entrepreneurs and legal entities.

An appeal can be made in two ways:

in pre-trial;
judicially.

At the same time, it is not necessary to first try to resolve the dispute out of court - you can skip this step and immediately go to court.

How to behave during a visit from Rospotrebnadzor: advice for entrepreneurs

If you find out about an inspection by the sanitary and epidemiological station or meet auditors on the doorstep, remember your rights and use them.

Check the inspectors' credentials.
Ask for the inspection order to review. It must be agreed upon with the prosecutor's office. In the text of the order, note the wording of the purpose, the subject of the inspection, and pay attention to the specified deadlines. You must be given a copy of the order upon signature.
Clarify the order of planned actions of auditors and the list of documents they require.
It is safer to invite a specialist to provide legal support for the inspection.

IMPORTANT! The manager has the right to be present (or rather, without his presence, the audit should not be carried out at all), request information from the auditors about its progress, explain, and participate in discussions during its process. He also has the right to indicate his disagreement with the regulations and results (his opinion can be reflected directly in the text of the act). Later, he will be able to appeal the actions of the auditors and their consequences in the form of prescribed orders.

Remember that inspectors from Rospotrebnadzor are prohibited from:

carry out an audit in the absence of a representative of the organization being audited (the only exception to this can be a real and immediate threat to people, a man-made disaster or another emergency situation);
seek information about violations outside of their competence;
examine documents, objects and facts that are in no way related to the subject of verification formulated in the order;
take samples of goods without drawing up an appropriate act and in quantities that do not comply with established standards;
disclose protected secrets, which include inspection materials;
force entrepreneurs to carry out control measures at their expense;
delay the inspection longer than the legally established period.

Requirements for a court application

the application is submitted in writing by the plaintiff, that is, the owner of the beauty salon with his signature on the application. An application may be submitted and signed by another person - an acting director, but only if there is a legal basis - for example, a power of attorney;
the application must contain all the information necessary for the court, including the names of the organizations participating in the dispute, all telephone numbers and addresses, as well as the numbers of decisions and documents that are being appealed;
All documents are attached to the application - acts, resolutions, instructions that appear in the statement of claim;
The plaintiff must send the application, as well as all documents attached to it, to the other parties to the process. In our case - to the official conducting the inspection from Rospotrebnadzor or the head of the department. Documents can be sent by registered mail or delivered in person by contacting the Territorial Office of Rospotrebnadzor.