Complaint to Rospotrebnadzor via the Internet: how to write and submit, sample complaint 2021

Rospotrebnadzor controls the interaction between sellers and buyers, and also monitors the quality of products and services. If a violation of rights has occurred, you can try to defend them. To do this, a complaint must be prepared to Rospotrebnadzor . A specific form of the document is not fixed in law, but this does not mean that the application can be drawn up arbitrarily. The paper must contain a number of mandatory information. In any other situation, it will be declared invalid. We will talk further about how to correctly draw up a complaint to Rospotrebnadzor, the powers of the government body, persons who have the right to initiate proceedings, methods of filing and the specifics of providing a response.

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.

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:

Federal Law No. 2300-1 “On the Protection of Consumer Rights”.
Federal Law No. 52 “On the sanitary and epidemiological welfare of the population.”
Federal Law No. 29 “On the quality and safety of food products”.
Federal Law No. 157 “On immunoprophylaxis of infectious diseases”.
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:

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.
Implementation of epidemiological control (including the study of viruses and bacteria that were found in food products).
Quality control and inspection of imported goods.
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.

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)?

Rospotrebnadzor and SES

You should contact Rospotrebnadzor with a complaint about a cafe when there are sufficient grounds for this. We are talking about the following and similar points:

Unsanitary conditions.
Chips on dishes that can cause injury.
Lack of markings on the dishes.
Failure of employees, namely cooks and waiters, to comply with the established dress code (uniforms with mandatory gloves and hats).
Doubt about the safety and quality of the food products used and, as a result, the dishes served.
Refusal to compensate for damage in case of poisoning of a client if the victim has medical documents and decisions confirming the guilt of the establishment.

You can complain to this federal service using a variety of communication channels.

Central Public Reception

Reception of the population is carried out at the address: Moscow, Vadkovsky per., no. 18, building 5 and 7, 127994. Advance registration is not required, because Hearings are conducted on a first-come, first-served basis. You can get here on weekdays from Monday to Thursday from 13:00 to 16:00 and on Friday from 10:00 to 16:00. A mandatory condition is the provision of an identity document. Reception phone number.

Local branches

A list of territorial Centers for Hygiene and Epidemiology, located not in the capital, but in the constituent entities of the Russian Federation, is presented at the email address rospotrebnadzor.ru/region/structure/str_uprav.php. Thanks to the availability of comprehensive contact information, each establishment can be either indicated as the addressee of a registered letter or visited in person.

Single portal for submitting appeals

People who want to complain about the cafe exclusively in electronic format should follow the link petition.rospotrebnadzor.ru/petition. Here the user can choose one of two options - write a statement with or without initiating an unscheduled inspection. A Russian who chooses the first path will spend more time on registration, because then he will certainly need to create a profile in the Unified Identification and Authentication System (USIA).

In the digital claim, the applicant will need to indicate:

name of the recipient unit;
FULL NAME;
postal or email address to receive the results of the case consideration;
the essence of the situation (no more than 2000 characters);
date and signature;
optionally – accompanying documents in scanned form, no more than 5 MB in size (archiving is allowed).

Territorial consultation points

All TCCs, which are additional auxiliary points for protecting consumer rights, are listed on the page zpp.rospotrebnadzor.ru/organizations/consultation. In order to file a complaint with one of these institutions, you need to find information about it, namely:

Change the “Map” mode to the “List” mode.
Indicate your area of residence in the “Region” column.
Select the nearest branch and contact it using the contact information provided.

Hotline numbers

Information for reference. Calls, free from anywhere in the Russian Federation, are accepted 5 days a week except weekends from 10:00 to 17:00 (break from 12:00 to 12:45).

SanEpidemStation (for residents of Moscow and the Moscow region)

The sanitary and epidemiological service operates daily from 09:00 to 20:00 at the address Moscow, Yaroslavskoye Shosse, 9 (head office). E-mail, tel., 8 (499) 372-42-42,.

Important! On the official website of the SES, you can also send a complaint about the cafe and study the list of departments that operate in the capital's districts.

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:
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.

Book of Reviews and Suggestions (KOiP)

The “Book of Reviews and Suggestions” is recommended to be used in the event of incidents that do not pose a serious threat to the life, health and property of people, for example, in the case of poor quality service provided by an absent-minded waiter, the creation of an uncomfortable environment due to excessively high volume levels of music and etc. The presence of CO&P is mandatory for any enterprise engaged in retail trade or providing services to the public. This document should:

Maintain strict reporting.
Be bound, numbered page by page, certified by the seal of a legal entity, registered with a local government body.
Be freely available and/or issued upon the client’s first request without further clarification of the reasons that prompted the latter to leave negative feedback. Cafe workers also do not have the right to demand any identification from visitors.

Among the minimum conditions, a citizen must be provided with a pen, a chair and a table, and he can either leave contact information under his claim to receive notification of the work done, or maintain incognito status. In the first case, the answer will be communicated by telephone or duplicated in writing at the place of residence.

If cafe employees refuse to provide CO&P upon first request, the client should not get into a fight, but record the actual refusal, for example, by recording the cafe representatives on a mobile phone camera or armed with the support of witnesses. Based on these materials, it will be possible to write statements simultaneously to both the department for combating violations in the consumer market (OVD) and Rospotrebnadzor.

The cafe administration is obliged to eliminate the cause of the problem within up to 5 days and make a record indicating the measures taken on the back of the sheet with the original complaint. If there is a contact address, the client is sent one of the copies of the explanatory letter. The second must be kept within the premises of the institution for at least 1 year after preparation.

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.

Protection of entrepreneurs from consumers: changes in 2017

Since January 2021, changes have come into force that protect businessmen from direct demands from buyers to conduct unscheduled inspections. Namely: Rospotrebnadzor does not have the right to carry out an unscheduled inspection of an entrepreneur upon application, if before that you did not directly contact the legal entity itself and your requirements were not satisfied.

In other words, to restore your rights, you must first contact the commercial organization itself. Moreover, this must be done in writing, otherwise you will not be able to provide Rospotrebnadzor with any confirmation of this fact. In reality, these legislative changes will not prevent the buyer from obtaining the truth. It is enough to prepare a written claim to a commercial organization and also submit it in two copies. Or send by mail with a notification and a list of the contents. Then immediately contact Rospotrebnadzor with a complaint about the entrepreneur’s inaction. The requirements of the law will be met, and your request will be immediately processed.

After this, conducting an unscheduled inspection of a legal entity and holding it accountable for the actually violated rights of the buyer becomes more likely.

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.

Prosecutor's office

To carry out a prosecutorial inspection of the work of a cafe on the basis of a violation of the rights and interests of the consumer, even more serious grounds, supported by a solid evidence base, will be needed. The claim can again be submitted in several ways at once.

Local branches

In order to resolve the incident as quickly as possible, it is recommended to send the application first to the interdistrict prosecutor’s office, and only after (due to the complete inaction of service employees or the slow progress of the case) to the district and central prosecutor’s office of the subject. All information about the prosecutor’s office units operating locally is presented on the page genproc.gov.ru/contacts/map.

Central Public Reception

Located at Moscow, Blagoveshchensky lane, 10. Daily hearings of citizens are held from Monday to Thursday from 09:00 to 18:00 and on Friday from 09:00 to 16:45. Tel.: 8 (495) 987-56-56. No pre-registration required. A complaint against a cafe can be submitted either orally or in writing.

Internet reception

On a special resource ipriem.genproc.gov.ru/contacts/ipriem/ a claim can be sent to one of two recipients: the Prosecutor General's Office of the Russian Federation, or its territorial division, and when sending a complaint to a local office, the chance of receiving a quick response increases significantly. Filling out the form in both the first and second cases will require the user to indicate and provide:

complete and detailed personal data;
information about the legal entity (cafe) that provided poor-quality service;
root of the problem;
mandatory - documentary evidence indicating the existence of a violation (checks, receipts, expert opinions, etc.).

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

Sample document on violation of consumer rights

First of all, it is important to write your appeal correctly. After reviewing the paper, the representative of the regulatory authority should not have any additional questions. Therefore, it is recommended to use a sample complaint to Rospotrebnadzor. It will simplify the preparation of documentation. The citizen will only have to provide personal data. As a result, you will be able to complete the registration process much faster.

Complaint to Rospotrebnadzor about low-quality goods
Complaint to Rospotrebnadzor against individual entrepreneur
Complaint to Rospotrebnadzor against the management company
Complaint to Rospotrebnadzor against the bank
Complaint to Rospotrebnadzor regarding housing and communal services
Complaint to Rospotrebnadzor about the store
Complaint to Rospotrebnadzor about noise
Complaint to Rospotrebnadzor against debt collectors
Complaint to Rospotrebnadzor about a cafe
Complaint to Rospotrebnadzor against an insurance company
Complaint to Rospotrebnadzor against Russian Post
Complaint to Rospotrebnadzor against children's educational institutions
Complaint to Rospotrebnadzor about imposed credit insurance
Complaint to Rospotrebnadzor about unlawful actions of the organization
Complaint to Rospotrebnadzor about the seller’s refusal to return wallpaper
Complaint to Rospotrebnadzor about the seller’s refusal to process a cable return/exchange
Complaint to Rospotrebnadzor against the contractor
Complaint to Rospotrebnadzor against a travel agency
Complaint to Rospotrebnadzor about a low-quality phone
Complaint to Rospotrebnadzor against a car dealership

If you need to prepare a complaint to Rospotrebnadzor, you must follow a number of rules. The text of the appeal must reflect the following information:

the name of the territorial body to which the appeal is sent;
consumer data;
document's name;
description of the current situation. It is important to present the essence as accurately and consistently as possible. In this case, it is necessary to describe not only the event itself, but also the date of its occurrence, the address of the store and other important data. If the purchase was made via the Internet, the text contains a link to the site. When presenting information, it is important to adhere to a business style. It is strictly forbidden to violate the chronology of events;
norms of legislation confirming the applicant’s correctness;
list of applications;
date and signature of the citizen.

In fact, in every situation that in one way or another concerns the violation of the rights of individuals during the sale of goods or the provision of services, you can contact Rospotrebnadzor. The average person has the impression that the government agency is only concerned with product quality control. However, it is not. Rospotrebnadzor is able to help citizens defend their rights both in the banking sector and in tourism and so on.

Video

When to file a complaint

Employees of trade or financial institutions go to a lot of tricks to attract a client in an unscrupulous way. During inspections, it turns out that the terms of the loan agreement may violate the client’s rights and do not comply with federal legislation.

You can complain about an online store or other retail outlet if you have:

Sales of expired products;
Failure to comply with sanitary standards for storage and distribution;
Discrepancies between the cost indicated on the price tag and the actual price of the product.

You can also file a complaint against the store when it is short-changed or underweight.

A complaint to Rospotrebnadzor against a bank is justified if:

Bank employees force clients to purchase additional services (insurance, payment of commission);
Bank employees do not provide information about the provision of services (printing additional terms of the contract in small print);
The client is obliged to issue credit cards without informing him about the presence of fees for using credit funds;
Disclosure of client personal information.

Please note that you can complain to the bank for disclosing personal information. But you need to submit an application not to Rospotrebnadzor, but to the Federal Bureau of Information Control.

Powers of the Federal Service

The functions assigned to Rospotrebnadzor are quite diverse. The consumer from this list is interested in the following:

Supervision of compliance with sanitary legislation;
Monitoring compliance with excise trade rules;
Supervision of the quality of service providers.

The main goal of the organization’s activities is to protect client rights in the services market. Market relations mean a wide range of services for the population: shops, banks, education.

Consideration of citizens' appeals, making reasoned decisions and familiarizing the applicant with them is the main function of the service. Therefore, if you see that your rights have been violated, you should file an application with Rospotrebnadzor. The federal service will determine whether illegal acts actually took place or whether the client himself was wrong.

In order to properly express your dissatisfaction in writing, you need to know the basic requirements for writing a complaint to Rospotrebnadzor.

Processing time for requests

The Federal Service has three days to register the submitted application. The time to prepare a reasoned answer varies depending on:

Need to redirect to another recipient. The transmission of correspondence occurs throughout the week;
The need for additional checks. A standard claim that does not require additional study is considered in no more than a month.

When there is no response from the Federal Service

The provisions of Article 11 of the federal law provide for situations when your application will remain unanswered. This will happen if the application to Rospotrebnadzor falls under the following criteria:

The applicant's personal information is missing. You cannot complain anonymously. Such a document will not be considered;
Use of profanity, expression of direct threats;
Unreadable text of the claim or unclearly formulated requirements can also cause refusal;
Identical appeals to Rostpotrebnadzor sent by the same applicant regarding the same situation, without reference to newly identified circumstances, serve as the basis for notifying you of the termination of correspondence;
If responding to an application requires a violation of the law on secret documentation. In this case, the refusal to prepare a response is explained in writing.

The Federal Service notifies the applicant in a letter that his claim will not be considered. The service has one week to prepare the letter.

After studying the stated requirements and using the sample for writing a complaint to Rospotrednadzor, even a person without a legal education will be able to write a competent letter to the federal body.