How to write a complaint to Rospotrebnadzor via the Internet

Main functions of the organization

The main function is to protect consumer rights and human well-being.

The activities of the organization are regulated by the following laws:

1. Federal Law No. 2300-1 “On the Protection of Consumer Rights”.
2. Federal Law No. 52 “On the sanitary and epidemiological welfare of the population.”
3. Federal Law No. 29 “On the quality and safety of food products”.
4. Federal Law No. 157 “On immunoprophylaxis of infectious diseases”.
5. Federal Law No. 3 “On Radiation Safety of the Population”.

The activities of Rospotrebnadzor are based on the principle of the priority of human rights and freedoms. This means that consumer rights are protected for every citizen of the country, regardless of his social status and financial situation.

Additional functions:

1. Checking organizations and individual entrepreneurs. Rospotrebnadzor employees have the right to conduct inspections of establishments that carry out business activities in the field of public catering, food sales and medical care.
2. Implementation of epidemiological control (including the study of viruses and bacteria that were found in food products).
3. Quality control and inspection of imported goods.
4. Improving the well-being of the country's inhabitants. Department employees make proposals to improve the quality of life of citizens.

In addition, Rospotrebnadzor exercises licensing control over the use of ionizing radiation sources.

The legislative framework

To prepare a complaint, you will need to study the following regulations:

1. Civil Code of the Russian Federation (Civil Code of the Russian Federation) dated November 30, 1994 N 51-FZ.
2. Law of the Russian Federation dated 02/07/1992 N 2300-1 (as amended on 05/01/2017) “On the protection of consumer rights.”
3. Decree of the Government of the Russian Federation of August 15, 1997 N 1036 (as amended on October 4, 2012) “On approval of the Rules for the provision of public catering services.”
4. Federal Law of May 2, 2006 N 59-FZ (as amended on November 3, 2015) “On the procedure for considering appeals from citizens of the Russian Federation.”
5. SN 2.2.4/2.1.8.562-96. 2.2.4. “Physical factors of the production environment. 2.1.8. Physical factors of the natural environment. Noise in workplaces, in residential and public buildings and in residential areas.”
6. SP 54.13330.2011 “SNiP 31-01-2003. Residential multi-apartment buildings" (approved by order of the Ministry of Regional Development of the Russian Federation dated December 24, 2010 N 778).

What can you complain about?

A complaint to Rospotrebnadzor must contain a key object (the rights that were violated). Citizens' complaints most often include violations that relate to:

1. Sanitary and epidemiological conditions. This category includes complaints about industrial and technical products, food additives, the quality of living conditions, and the like.
2. Fundamental consumer rights. The category affects the relationship between citizens during a purchase and sale transaction (quality of goods, conditions of storage and warranty service, unlawful refusal to return funds for goods of inadequate quality).
3. Operation of the local area. The reason for filing a complaint may be a violation of civil order by public establishments (for example, excessive noise, storage of garbage, contamination of the territory with toxic substances).
4. Violations of the rules for the provision of services by banking organizations. This category has a number of specific features. If bank employees aggressively try to impose an unnecessary service, this is a reason to contact Rospotrebnadzor. But, if we are talking about violation of the terms of the loan agreement, the bank client needs to go to court.

You can complain not only about the service or poor quality service. The consumer has the right to write a complaint against a specific person who, through their actions, violated his rights.

Important: before sitting down to write a complaint, the consumer must contact a legal entity with a complaint. This claim must contain demands to eliminate violations. Only in the event of an unreasonable refusal on the part of the violator, the consumer can legally contact Rospotrebnadzor.

Preparatory actions

Depending on what caused the discontent, the algorithm of actions will differ.

In case of poisoning

Demand for financial compensation after poisoning is possible only if there is evidence. To do this you need:

1. Carry a receipt or a copy of the invoice with you. Regardless of the presence of poisoning, it is recommended to retain evidence of food consumption in a public catering establishment for 2 to 3 days after visiting it.
2. Contact a medical institution, where qualified specialists will not only provide first aid, but also provide a certificate indicating the possible cause of poisoning. You need to list to the doctor the names of all products that you have consumed over the past 24 hours. In order for the certificate to be significant for the court, it must focus on the fact that the poisoning occurred precisely “in connection” with a visit to the restaurant.
3. If illness has caused losses associated with the inability to perform work duties, you must request a certificate from the company’s accounting department indicating the amount of loss incurred during the illness.
4. Write to the Complaint Book.
5. In case of refusal to compensate for damage, contact Rospotrebnadzor.
6. File a lawsuit.

Important!
As a rule, at stage 4, an establishment that values ​​its reputation meets the visitor halfway, agrees to pay compensation and looks for ways to morally satisfy the victim. The amount consists of the cost of dinner, lost funds due to absence from work and assessed moral damage.

In case of violation of public order

If inconvenience or damage to health occurs not due to visiting a restaurant, but due to its location near your place of residence, you must:

1. Have evidence of a violation of public order: take a photo, shoot a video.
2. If a room located on the 1st floor of a residential building is allocated for a restaurant, it is possible that the noise in the establishment will disturb the residents. To file a complaint, it is necessary to measure the noise. It is better to do this in the presence of Rospotrebnadzor employees or an independent expert. It is indicative to carry out several measurements: during the absence of the irritating factor and with it.
3. If there is loud noise, call the police.

Collective appeals are most effective in such cases.

Having collected the evidence base, you need to write a statement and contact the competent authorities.

You can read about the rules for drawing up official complaints in the article “How to write a complaint correctly”

But before solving the problem at the state level, you should try to resolve the issue peacefully by asking for a complaint book.

Registration of an appeal

The requirements for a written appeal are enshrined in Art. 7 Federal Law “On the procedure for considering appeals from citizens of the Russian Federation.”

The first thing the consumer needs to do is file a claim against the violator. The text of the appeal must indicate the requirements for eliminating the cause of the conflict. It is also worth indicating the intentions of further contacting government agencies in case of refusal or ignoring the requirements.

If the citizen’s request is not satisfied in full, it is necessary to contact Rospotrebnadzor. This can be done in two ways:

1. Write a letter to the legal address of the department (Address: 127994, Moscow, Vadkovsky Lane, building 18, buildings 5 ​​and 7).
2. Make an electronic complaint on the official website of the organization.

Regardless of the form of the appeal, its structure must contain the following information:

1. Full name of the applicant, contact details (including an email address). In the online application, separate columns are allocated for this; in the paper version, the data is indicated in the header of the application.
2. Main part. The details of the conflict are described here. Please note that in electronic communications the volume of this paragraph is limited to 4000 characters.
3. Date of application and signature. This paragraph is relevant only for written forms of appeal.

The application must be accompanied by documents confirming the violation of consumer rights.

Appeals in the form of an electronic document are of two types: one that is the basis for an unscheduled inspection and one that does not require verification of the violator.

In the first case, the applicant will need to register in the system using a public services portal account. This condition reduces the number of requests containing false information about a conflict situation.

Book of reviews and suggestions

When asked to provide a book for complaints, the restaurant administrator can hinder this in every possible way, assuring that there is no such book. But according to the Decree of the Government of the Russian Federation No. 37 clause 8 of 08/15/1997, a book of reviews must be in every public catering establishment and provided upon request.

To prevent an employee from providing a fake book instead of a real one, you should verify its authenticity by checking for compliance with the standards. In this book:

• all pages are numbered and laced, the lacing is secured with a wax seal;
• the title page contains the name of the organization, the date the document was drawn up, and the signature of the manager;
• the first page contains instructions on maintaining the Book of Complaints, the second contains information about the manager with contact information, and the third contains contact information for Rospotrebnadzor.

The book is registered in a special journal of the district government and is renewed annually.

Only in such a book is it necessary to leave a complaint containing the following information:

• specific date and time of writing;
• information about the restaurant visitor (full name, place of residence, contract information);
• indication of the details of the restaurant employee whose actions led to negative consequences;
• a description of the essence of the problem and the requirements for the institution, as well as an indication of the deadline for their implementation;
• signature.

If several people are poisoned or the noise emanating from the establishment disturbs many residents, a collective claim can be filed. In this case, the data and signatures of all parties to the conflict are indicated.

If you do not have a complaint book, you can write a complaint in 2 copies and submit it to your manager for confirmation of acceptance. You should keep one copy with you.

The establishment is given 2 days to review claims. If it is necessary to involve third parties to fulfill the requirements, the period for satisfying the complaint increases to 2 weeks. If the applicant's contact information is available, the response is sent by letter.

Informing the consumer about the results of consideration of the appeal

Within three days from the date of receipt of the appeal, department employees are required to register it, accept it for consideration and decide on tactics for resolving the issue.

The time frame for consideration of a complaint directly depends on the nature of the complaint, the severity of the violation and the need for consideration of the complaint by other authorities.

The maximum review period is 30 days. If a Rospotrebnadzor employee decides to refuse consideration, he is obliged to inform the applicant about this within 7 days.

The response about the results of consideration of the online application in most cases comes to the email address that was specified in the applicant’s contact information. However, if the consumer wishes to receive a response to the postal address, he must indicate this request in the text of the appeal.

In what cases can a complaint be left without consideration?

Department employees leave without consideration in the following cases:

1. The applicant does not provide personal information. Anonymous requests are not registered and are not considered by Rospotrebnadzor employees.
2. The text of the complaint contains a gross violation of the norms of business correspondence: threats, profanity and insults to department employees.
3. The text of the appeal cannot be read.
4. A person sends several identical complaints, the object of which is the same conflict situation.
5. The application does not indicate the name and address of the company that needs to be verified. In this case, it is necessary to take into account that the legal address of the company does not always coincide with the name of the trademark. A citizen can find out all the necessary information either from a representative of the offending organization or in the buyer’s corner.
6. The claim procedure is not followed. If the consumer has not sent a complaint to the company that needs to be checked, an employee of Rospotrebnadzor has the right to refuse to consider the appeal.

If an employee of Rospotrebnadzor decided to leave the application without consideration, he is obliged to notify the consumer about this within 7 days.

Where to complain about Rospotrebnadzor

Regardless of whether the consumer’s appeal meets the requirements of the law or not, the department employee is obliged to notify the applicant about the results of the review.

In accordance with Article 12 of Federal Law No. 59-FZ, a written appeal is considered within 30 days from the date of its registration . Therefore, if, after this period, the consumer has not received a response from Rospotrebnadzor about the results of the review, he has the right to contact the prosecutor’s office with a complaint against an employee of the department.