Below you will find detailed instructions on how to write a complaint to Rospotrebnadzor via the Internet, compiling it for free. In addition, in January 2021, the legislator complicated the procedure for inspections of applications: how to easily overcome them and achieve an unscheduled inspection in an organization where your rights were grossly violated, read on.
- Complaint to Rospotrebnadzor for the protection of consumer rights: with or without verification
The powers of Rospotrebnadzor when considering a complaint
The main function of Rospotrebnadzor is to monitor compliance with legislation in the field of consumer protection. For this purpose, Rospotrebnadzor conducts inspections of legal entities and individual entrepreneurs. There are checks:
- planned, carried out in relation to each organization once every 3 years;
- unscheduled, carried out at the request of citizens.
Thus, a citizen, with his complaint about violated rights, can initiate an inspection of the organization by Rospotrebnadzor. This government agency can check:
- compliance with consumer protection laws;
- state of the sanitary and epidemiological situation;
- compliance with social and hygienic requirements;
- availability of licenses, sanitary records for workers, and other necessary documents;
- compliance with other regulations applicable to the organization.
Based on the results of the inspection, Rospotrebnadzor issues an act on its conduct, which indicates the presence or absence of a violation, and, if necessary, issues an order to eliminate the violation, and also holds the violator accountable.
When will Rospotrebnadzor not accept a complaint?
However, not every request is verified. The fact is that, in accordance with Art. 10 of the Federal Law of December 26, 2008 No. 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control” Rospotrebnadzor does not have the right to conduct inspections on requests from:
- if a citizen wrote a complaint to the control body without first filing a complaint with the violator. In other words, before contacting Rospotrebnadzor, the claim procedure for resolving a dispute must be followed. The only exceptions are cases when harm has been caused to the life or health of the consumer, or such harm may be caused;
- if the complaint is submitted anonymously. The appeal must indicate reliable information about the applicant: full name and address for receiving a response to the complaint, and in the case of electronic filing - email address. You can complain to Rospotrebnadzor anonymously; such a complaint will most likely be useless.
In addition, Rospotrebnadzor participates in litigation to protect consumer rights. When submitting an application to the court, the plaintiff may apply to Rospotrebnadzor to obtain an opinion on the subject of the appeal, which will be of decisive importance for the court. The control body, in the interests of consumers, can itself go to court, but only in two cases:
- if the actions of the defendant organization violate the rights of an unlimited number of persons;
- if the defendant organization has repeatedly grossly violated consumer protection laws.
Phone number
In order to contact the consumer rights protection service, that is, Rospotrebnadzor for the Bryansk region, use the toll-free hotline number below:
Hotline FS Rospotrebnadzor
8-800-100-0004
Hotline of the Office of Consumer Rights Protection
+79003550690
Hotline of the Department of Sanitary Inspection
+79003550890
Hotline of the Office for Epidemiological Surveillance
+79003550390
Hotline of the Office for issues related to the provision of public services
+79003550660
What questions can you contact Rospotrebnadzor?
Despite the fairly wide range of issues considered by this organization, not all disputes arising between the consumer and the seller or contractor fall within its competence. Thus, other authorities are authorized to consider citizens’ complaints:
- Roskomnadzor - on communication quality;
- Federal Antimonopoly Service - on rising prices and false advertising;
- Central Bank - for the activities of credit and insurance organizations;
- State Housing Inspectorate - for housing and communal services;
- Other special government agencies in accordance with their competence.
Thus, if a complaint must be considered by a special government body, Rospotrebnadzor will forward the received complaint there. In order not to waste time sending documents between departments, it is better to consult a lawyer and find out which body is competent to consider your complaint.
What they complain about to Rospotrebnadzor:
- refusal to fulfill consumer requirements related to the sale of goods or provision of services of inadequate quality;
- rudeness or incompetence of service employees;
- unsanitary conditions;
- causing harm to life or health by unlawful actions of the service provider;
- other cases of violation of laws and regulations.
How to write and submit a complaint to the FAS?
How to write and submit a complaint to the tax inspectorate (IFTS)?
How to file a complaint online?
Currently, the electronic method of submitting documents is in no way inferior to the traditional one and even wins over speed and reliability. A consumer complaint to Rospotrebnadzor can be filed without leaving home, which is especially important now, in an unfavorable epidemiological situation.
You can write a complaint to Rospotrebnadzor online through the official website or State Services.
Official website of Rospotrebnadzor.
- To file a complaint, you need to go to the official website of the organization. On the page that opens, you are asked to choose the method of filing a complaint: with or without authorization through the ESIA. The difference is that in the first case you will need to log in to the government services website and provide your personal information from there to apply. Without authorization for public services, all data will need to be filled out independently.
- Next, a page opens with the application form itself. It is mandatory to fill out:
- FULL NAME;
- contacts: email address for response and telephone number where employees of the organization can contact to clarify details;
- Select the Rospotrebnadzor division of your region from the list. You can also contact the central office of Rospotrebnadzor, but this only makes sense if the regional unit has not taken the necessary actions;
- text of the appeal. We’ll look at how to properly file a complaint against an organization to Rospotrebnadzor below. Maximum text length – 4000 characters;
- if necessary, attach documents related to the complaint. You can only attach one file, so several documents must be combined into an archive. The maximum volume of documents is 15 MB;
- After filling in all fields, the complaint can be sent.
Public services
State Services is a universal portal through which you can send an appeal to any government agency. To submit an appeal to Rospotrebnadzor through State Services, you need to log in to the portal and go to the department section. Filling out the application form is carried out in the same way as in the case of filing a complaint through the Rospotrebnadzor website.
Complain to Rospotrebnadzor online
Some time ago, this supervisory body provided us with the opportunity to submit applications online. This can be done on the official website of the service using this link: complaint to Rospotrebnadzor online. Sending is done by filling out a special form.
The rules for submitting an application online are the same as those for a written application. Additionally, in the case of electronic sending, you must indicate the sender's email address if you want to receive a response to your e-mail. The complaint form has the ability to attach additional supporting materials in electronic form: scanned copies of receipts, delivery notes, warranty cards, etc.
Unfortunately, the special application form on the department’s website has significant limitations - the text of the application cannot exceed 2000 characters. And sometimes there is a desire to write much more... :)
Complaint to Rospotrebnadzor for the protection of consumer rights: with or without verification
When sending an application via the Internet, you will have to face an important nuance: submit the application with authorization or without authorization in the Unified Identification and Authentication System (USIA). The fact is that you are not prohibited from sending a complaint against a legal entity without authorization in the ESIA system, but in this case your application cannot serve as the basis for an unscheduled inspection. Perhaps your situation allows this and this option will be sufficient.
If you are determined and ready to make the most of this opportunity, you will need to log in. To do this, log into your personal account on the State Services website https://www.gosuslugi.ru/.
If you do not yet have a personal account, you can register here.
Other ways to file a complaint
If you cannot send a complaint to Rospotrebnadzor via the Internet for some reason, you can use traditional filing methods.
First of all, you should find out the address of your regional branch of Rospotrebnadzor. Websites and addresses of departments can be found here. It should be noted that you won’t be able to complain to Rospotrebnadzor by phone: this way you can only get reference information.
Personal appeal
Before visiting the control body, it is better to call the reception, find out the opening hours and, if necessary, make an appointment. You must come at the appointed time with two copies of the complaint. One remains in the reception area, and the second is stamped with dated acceptance and given back to the applicant.
By mail
A written claim with all attachments is sent to the territorial office by registered mail with acknowledgment of receipt. The delivery of such a letter can be tracked on the postal website using the track number, and the receipt notification will be proof of receipt of the documents by the government agency.
Terms and procedure for consideration
Rospotrebnadzor considers appeals in accordance with Federal Law No. 59-FZ dated May 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation,” according to which a written complaint, regardless of the method of filing it, is considered within 30 days from the date of registration. In exceptional cases, this period may be extended by another 30 days with mandatory notification to the applicant.
If another body has the competence to consider the complaint, it is redirected there by Rospotrebnadzor within 7 days from the date of receipt.
After the review period has expired, Rospotrebnadzor sends a response to the complaint:
- or satisfies the complaint and takes measures to eliminate violations;
- or refuses to satisfy the requirements.
What to write in a complaint?
The outcome of a complaint largely depends on how it is formulated. Thus, the complaint must meet the requirements established by the Law on Citizens' Appeals for Applications to Government Agencies:
- the complaint must contain the name of the authority to which it is sent, the personal data of the applicant (full name and address), the essence of the complaint, a list of attachments, date and signature;
- Insults and obscene language in the text are not allowed.
In addition, the complaint must be justified and contain the necessary evidence of the existence of the problem, as well as references to the provisions of the law or clauses of the contract violated by the seller.
Contents and sample of the complaint
The document is drawn up in free form, but in accordance with the rules of business writing. If the complaint is submitted in paper form, the document must begin with a header that indicates information about the recipient and sender of the complaint.
The content should be concise and succinct, especially if the complaint is submitted via the Internet, because you need to keep it to 4000 characters! It is better to skip emotions and experiences and add more specifics: indicate dates, product name, full names of employees, document details, etc.
After the description of the problem itself, there must be a motivational part with justification of the requirements and links to relevant laws. At the end the requirements themselves are listed. The paper version also lists the attachments and includes a date and signature.
Sample complaint
How to write a complaint to Rospotrebnadzor: sample drafting
The Federal Service for Supervision of the Protection of Consumer Rights and Human Welfare has a long history and is in fact the successor to the “medical police” of the Ministry of Internal Affairs of the Russian Empire at the beginning of the 19th century. Today, her scope of responsibility has expanded significantly. It includes a number of functions of the Ministries of Health, Economic Development and Trade and Antimonopoly Policy of the Russian Federation. The Service for Supervision of Consumer Rights Protection has broad competencies and exercises control in the following areas:
- Sanitary and epidemiological surveillance
- State licensing
- Licensing
- Consumer rights Protection
- Social and hygienic control
We are primarily interested in activities related to our personal protection, that is, the protection of our rights as purchasers of goods or consumers of services.
Any purchase may involve a situation in which your rights may be violated. In any case, the fact that you consider them violated will be enough. On this basis, you can submit an application to Rospotrebnadzor with a request to conduct a trial.
The text of the application is drawn up in free written form on a sheet of A4 paper. In this case, the header of the application must indicate:
- At the applicant's choice: the name of the government agency to which the application is submitted, either the full name of the official or his position;
- surname, name, patronymic of the applicant;
- postal address to which the response should be sent;
- the essence of the petition;
- personal signature;
- date
The letter is submitted to the office of the territorial administration of Rospotrebnadzor. It is more reliable to submit it in two copies: one will be registered and accepted for work by the department, the second with notes of acceptance should remain with you for possible appeal to higher authorities or legal proceedings.
Text of the statement
Be careful when starting to file a complaint immediately after a situation in which you believe your rights or interests have been violated. The content of the letter may be replete with emotions, unflattering statements and incorrect expressions. This should be avoided, since the government agency employee studying your complaint may perceive such information negatively and a priori take the side of your opponent. If the application contains profanity or threats, it may be rejected.
Try to calm down, focus on the facts and succinctly put down on paper what happened. To do this, try to try on the role of an outside observer who unemotionally recorded what was happening in the “video camera” mode. In the application, specific numbers, dates, times, costs, and fragments of dialogue that you can definitely remember are important.
Don’t invent anything, don’t embellish, don’t make up thoughts or words for the other participants in the conflict. Describe only those facts that are directly relevant to the case. When completing your appeal, indicate what steps you would like to see from the “respondent”.
What's next?
Obviously, by submitting an appeal, we expect the restoration of our rights, such as the return of damaged goods, refund of money, reimbursement of repair costs, bringing the violator to administrative responsibility, etc. An important motive for a claim is to receive a simple apology in writing or at least verbally. However, in what cases is this possible?
Most often, such statements are followed by a formal verification based on the facts stated in the letter. As a result, the inspector may not detect criminality in the actions of the “defendant” and you will receive a formal reply. In order to increase the chances of a positive consideration of your application, more thoughtful actions are required: it is necessary to initiate a real unscheduled inspection at the entrepreneur’s site. It is now impossible to do this with a simple appeal.
