How to make a complaint to the SES: samples, help from a lawyer

To prevent diseases and harm to human health, the requirements and standards of the Sanitary and Epidemiological Service (SES) have been established. Their compliance largely depends on the actions taken by interested citizens, therefore, if there is a danger of violation, you should immediately file a complaint with the SES.

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How to write a complaint to the SES?

The law does not establish special requirements for writing a complaint to the SES, but it is necessary to comply with some general conditions that are typical when contacting government agencies. These include:

written form . The application can be either typed or handwritten. Handwritten text must be readable;
indication of information about the applicant . Anonymous complaints will not be considered;
indication of the applicant's contact information . The government agency needs data for feedback both to send a response to a complaint and to clarify the information received;
correctness of the statement . The complaint should not contain obscene language, insults, threats, advertising, spam or other information not related to violation of sanitary and epidemiological standards;
clarity and validity of arguments and demands . The statement must be based on factual data, the requirements for eliminating violations are formulated clearly, eliminating ambiguity;
date of writing the complaint and signature of the applicant.

When preparing an appeal to the SES, it is also recommended to adhere to the logical structure of the text. The complaint begins with the name of the authority to which it is sent. Then the events that led to the filing of the complaint are revealed, after which demands are formed, the satisfaction of which will restore the violated right of the applicant. At the end of the application, the date of preparation is indicated, and the document is signed.

USEFUL : more advice from a lawyer on filing a complaint in our video from the YouTube channel

Terms of consideration

The legislation allows no more than thirty days for consideration of such issues. The period begins to count from the moment the application is registered. During this period of time, department employees must check the data contained in the complaint, check the institution for which it was filed, and decide on the measures to be taken.

Reference! In some cases, an extension of the period by thirty days is allowed.

In a number of situations, agency employees may refuse to consider a complaint (for example, if providing a response would entail the disclosure of state secrets). In this case, the applicant must be notified of the SES decision within seven days.

How to file a complaint with the SES?

Sanitary and epidemiological control is carried out by the Federal Service for Supervision of Consumer Rights Protection and Human Welfare, in other words Rospotrebnadzor. It is to his territorial unit that the complaint should be sent. A complaint can be filed in the following most common ways:

handed over on purpose;
sent by mail;
submitted using the State Services portal or the Rospotrebnadzor website;
sent by email using a digital signature.

A personal visit to the Rospotrebnadzor department and sending an application by mail usually does not cause any difficulties. As for sending using network resources, there are some nuances here. For example, to send an application using the State Services portal, the applicant must have a confirmed electronic signature. To sign documents and send them to an email address, you will need an electronic digital signature issued by an accredited certification center. The easiest way, which does not require a preliminary electronic signature, is to submit an application through the Rospotrebnadzor website. To file a complaint, you only need to fill out the application form provided by the government agency and attach the documents attached to the application.

INTERESTING : more information about drawing up a toad to Rospotrebnadzor at the link

Reasons for submitting a document

In Russia, sanitary and epidemiological legislation has been adopted, aimed at protecting the life and health of the country's population and compliance by organizations and individuals with hygienic norms and rules. For any violation of this legislation, you can send a complaint to the Center for Sanitary and Epidemiological Sanitation.

As an example, here is a list of circumstances under which you can submit an appeal to the supervisory authority:

the organization’s activities are illegal;
the quality of goods and services does not meet sanitary requirements. Consumption or use of these goods and services may impair a person's health;
the rules of purchase and sale were violated;
the applicant identified sanitary and epidemiological violations (disposable products are used repeatedly - gloves, indoor conditions do not meet norms and standards - lighting, space, etc.).

Above are some cases in which you can contact the Center for Sanitary and Epidemiological Sanitation. In practice there are many more of them.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

What to do if the sanitary and epidemiological station does not satisfy the complaint?

If the sanitary and epidemiological station refuses to satisfy the requirements set out in the appeal, the applicant has the right to appeal the response provided both in court and out of court.

An extrajudicial (administrative) appeal procedure involves appealing to a higher official in relation to the one who reviewed the application earlier. As a rule, such complaints are sent either to the head of the Rospotrebnadzor department of a certain constituent entity of the Russian Federation or directly to the central office.

The judicial procedure is implemented in the form of filing an administrative claim. The claim is filed in court at the location of the territorial body or official considering the complaint. An administrative claim can be filed directly with the court or transferred to the official whose actions (inactions) are being appealed. Subsequently, the official submits the claim to the court on behalf of the applicant. This statement of claim can be filed within three months after receiving a negative response from the sanitary and epidemiological station.

The legality of the actions of the sanitary and epidemiological station that refused to satisfy the complaint can be verified by the prosecutor's office. To do this, you will need to submit a corresponding application to the prosecutor's office, attaching all the necessary documents.

Reasons for refusal to consider

The department will refuse to consider the letter if it is drafted incorrectly.

The absence of personal information about the applicant or a return address to which the response should be sent is a reason for leaving the application without consideration.

If the application contains profanity, insults or threats, the department will not consider it.

There are other reasons for refusal:

a similar claim was sent to the court and accepted for consideration;
the application was submitted by a person who does not have the authority to take such an action (an incapacitated or incompetent citizen);
a decision on this application was made earlier;
there is no evidence of violation of civil rights;
the identified violations fall within the competence of another organization.

In the latter case, the documentation will be forwarded to the competent authority.

Sample complaint to the SES against neighbors

Head of the territorial department

Rospotrebnadzor for the Sverdlovsk region

from full name

Statement

Citizen Ivanov I.I., living at the address: Ekaterinburg, st. Lenina, house N, apt. 44, installed an air conditioner in his apartment. Ivanov’s apartment is located on the floor above, that is, directly above mine. The air conditioner runs constantly and makes noise and vibration.

Appendices No. 3 and No. 4 to SanPiN 2.1.2.2645-10 establish the maximum permissible level of noise and vibration in residential premises, which are very likely exceeded in my apartment due to the air conditioner Ivanova I.I.

On the basis of the above,

I beg:

conduct a sanitary and epidemiological examination of living conditions.
attract Ivanov I.I. to administrative responsibility.

Date, Signature.

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Sample complaint to the SES against a store

Head of the territorial department

Rospotrebnadzor for the Sverdlovsk region

from full name

Complaint

dd.mm.yyyy In grocery store N, I purchased bakery products of poor quality, which was reflected in the presence of mold on them.

My demands to the store to stop selling the damaged goods, as well as to replace the products I purchased with similar ones free of charge, were not satisfied.

Based on the above, guided by clause 5.9 of the Regulations on the Federal Service for Surveillance in the Sphere of Protection of Consumer Rights and Human Welfare dated June 30, 2004 No. 322, I ask you to check the specified fact of sale of goods of inadequate quality.

Applications:

Documents confirming the above.

Date, Signature

What activities need to be notified to Rospotrebnadzor and other government agencies

First, check whether your OKVED is on the list of Government Decrees. If there is, you need to notify. Then find the type of activity from the list in our table and find out which government agency to contact. Activities not on this list do not need to be reported.

Kind of activity	Where to report
Other hairdressing and beauty salon services Catering services Retail trade in non-specialized stores Retail sale of food products in specialized stores Retail sale of cosmetic and personal care products in specialized stores Retail trade in non-stationary retail facilities and markets Operations of hotels and other places for temporary accommodation Services for the provision of places for temporary and short-term accommodation and other places for temporary residence Photography services Services in the field of physical culture and recreational activities Services for tailoring shoes according to individual orders of the population; shoe repair, stretching and dyeing services Services for the production of other knitted and knitted products not included in other groups for individual orders of the population; repair and adjustment/alteration services for clothing and household textiles Repair and sewing of clothing, fur and leather products, hats and textile haberdashery products, repair, sewing and knitting of knitwear Services for repair and maintenance of household radio-electronic equipment, household machines and household appliances, repair and manufacture of metal products Repair of computers and communication equipment Furniture manufacturing and repair Dry cleaning services (including cleaning services for fur products); dyeing and color intensification services; Other textile cleaning services Maintenance and repair services for vehicles, machinery and equipment Wholesale trade of food products Wholesale trade of non-food consumer goods Production of textile fabrics Manufacture of finished textile products, except clothing Production of carpets and carpet products Production of knitted and knitted fabrics Production of knitted and knitted clothing Production of leather clothing Production of other clothing and clothing accessories Tanning and dressing of leather, dressing and dyeing of fur Production of suitcases, bags and similar products made of leather and other materials; production of saddlery and other leather goods Shoe production Sawing and planing wood Manufacture of wood products, cork, straw and weaving materials Manufacture of other wooden building structures and joinery products Printing activities and provision of services in this area Production of bread and flour confectionery products, cakes and pastries for short-term storage Production of crackers, cookies and other baked goods, production of flour confectionery products, cakes, pastries, pies and biscuits intended for long-term storage Dairy production Processing and canning of potatoes, fruits and vegetables Production of refined oils and fats Sugar production Production of flour, products of the flour-grinding industry, starches and starch products, pasta Production of soft drinks; production of mineral waters and other bottled drinking waters Production of wooden containers Production of corrugated paper and cardboard, paper and cardboard containers Production of light metal containers Furniture manufacture Production of workwear Production of protective gloves, fabric mittens for workers Production of clothing from felt, non-woven materials, impregnated or coated textile materials Production of clothing and accessories made of rubber Production of head protective gear and other protective equipment Production of wooden building structures and joinery; production of prefabricated wooden buildings Production of plastic products used in construction Manufacture of paving blocks, glass blocks, slabs and other pressed or molded glass products of a kind used in construction, manufacture of glass for stained glass, manufacture of laminated glass or foam glass in blocks, slabs and similar forms Production of ceramic tiles and slabs Production of bricks, tiles and other building products from baked clay Production of cement, lime and gypsum Production of concrete, gypsum and cement products Production of abrasive and non-metallic mineral products not included in other groups Production of building metal structures and products Activities of travel agencies and other organizations providing services in the field of tourism Production of products from slaughtered animals and poultry meat Processing and canning of fish, crustaceans and molluscs Production of cocoa, chocolate and sugar confectionery, tea, coffee, spices, seasonings Production of baby food and dietary foods Production of other food products not included in other groups	Rospotrebnadzor. If you conduct business in the territories from the list, then report not to Rospotrebnadzor, but to the medical and biological agency.
Services for the transportation of passengers and luggage in urban, suburban and intercity traffic Transportation of goods by specialized vehicles Transportation of goods by non-specialized vehicles Activities of sea freight transport (except for dangerous goods) Activities of inland water freight transport Railway transport activities	Rostransnadzor
Residential care activities; provision of social services without providing accommodation	Rostrud
Production of primary fire extinguishing equipment, mobile fire extinguishing equipment, fire extinguishing installations, fire automatic equipment, fire equipment, personal protective equipment and fire rescue equipment, fire tools, fire alarm, communication and warning equipment	Ministry of Emergency Situations
Production of electrical distribution and control equipment Production of instruments and instruments for measurement, testing and navigation	Rosstandart
Production of ready-made animal feed	State veterinary supervision body - each region of the Russian Federation has its own
Receipt (formation) of flammable, oxidizing, combustible, explosive, toxic, highly toxic substances and substances hazardous to the environment at hazardous production facilities of hazard class IV Use of flammable, oxidizing, combustible, explosive, toxic, highly toxic substances and substances hazardous to the environment at hazardous production facilities of hazard class IV Processing of flammable, oxidizing, combustible, explosive, toxic, highly toxic substances and substances hazardous to the environment at hazardous production facilities of hazard class IV Storage of flammable, oxidizing, combustible, explosive, toxic, highly toxic substances and substances hazardous to the environment at hazardous production facilities of hazard class IV Transportation of flammable, oxidizing, combustible, explosive, toxic, highly toxic substances and substances hazardous to the environment at hazardous production facilities of hazard class IV Destruction of flammable, oxidizing, combustible, explosive, toxic, highly toxic substances and substances hazardous to the environment at hazardous production facilities of hazard class IV Use (operation) at hazardous production facilities of class IV hazard of equipment operating under excess pressure of more than 0.07 megapascal: steam, gas (in gaseous and liquefied states); water at a temperature of more than 115 degrees Celsius; other liquids at a temperature exceeding the boiling point at an excess pressure of 0.07 megapascal Conducting mining operations, mineral processing work at hazardous production facilities of hazard class IV	Rostechnadzor
Technical tests, toxicological studies, manufacturing, import into the territory of the Russian Federation, export from the territory of the Russian Federation, storage, transportation, sale, disposal, destruction of medical products	Roszdravnadzor

Sample complaint to the SES about a cafe

Head of the territorial department

Rospotrebnadzor for the Sverdlovsk region

from full name

Complaint

I, full name, live at the address: Ekaterinburg, st. Pushkina, NN, apt. 17. Cafe N is located in the same building.

The owners of this public establishment installed garbage containers near our house, which causes an unpleasant odor and the appearance of rodents.

In accordance with paragraph. 4 clause 2.6. Resolution of the Chief State Sanitary Doctor of the Russian Federation dated November 8, 2001 No. 31, garbage containers must be located at a distance of at least 25 m from residential buildings.

On the basis of the above,

I beg:

check the location of garbage containers for compliance with sanitary standards.
oblige cafe N to eliminate the identified violation.

Date, signature

Who do citizens complain about most often?

The complaint must contain information about the organization that violates the law (details, contacts). People complain about healthcare institutions, education institutions, beauty salons, and clothing stores.

But more often, requests come from catering establishments, especially those distributing street food. Violations of sanitary and hygienic standards are especially noticeable in this area of activity. And they can lead to disastrous consequences. This applies to all catering establishments, such as cafes, restaurants, bars, snack bars.