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

The Office of the Federal Service for Surveillance in the Sphere of Consumer Rights Protection and Human Welfare in the City of Moscow has been operating since March 1, 2005 on the basis of the “Regulations on the Office of the Federal Service for Supervision in the Sphere of Consumer Rights Protection and Human Welfare in the City of Moscow”, approved by order of the Federal service for supervision in the field of consumer rights protection and human well-being dated June 22, 2012 No. 643 “On approval of the regulations of the Office of the Federal Service for Supervision in the field of consumer rights protection and human well-being for the city of Moscow.”

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.

Official website and telephone number of Rospotrebnadzor in Moscow

The regional department for the city of Moscow carries out control and supervision functions in the field of ensuring the sanitary and epidemiological well-being of the population, protecting consumer rights and the consumer market. Detailed information can be obtained on the management website or by phone:

https://77.rospotrebnadzor.ru/

Information on registering written and electronic appeals and requests from organizations and citizens can be obtained daily from 9:00 to 18:00 by phone:

Information on registering notices of the start of business activities by mail can be obtained daily from 9:00 to 18:00 by phone:

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:
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.

Rospotrebnadzor inspection: everything you need to know

Oleg Kirillov, partner of the legal

Preparing employees for inspection

The head of the company needs to study the rights and obligations of his organization and the rights and obligations of the inspection bodies, as well as take care of the necessary documents, certificates, and health records to ensure that the inspection is carried out in good faith by all participants.
The legislation of the Russian Federation contains many regulations and rules, and an entrepreneur cannot keep everything in his head. Therefore, the head of the company should contact lawyers who will prepare the team. Otherwise, employees of the inspected company may unknowingly interfere with the inspection by regulatory authorities, which is why they may be brought to administrative liability in accordance with the provisions of Part 1 of Art. 19.4, art. 19.4.1, art. 19.7 Code of Administrative Offenses of the Russian Federation, etc.

We conduct trainings for employees of some factories and companies, and also draw up job descriptions and memos on how each employee should behave during an inspection. As a result, when Rospotrebnadzor employees appear on the doorstep of the office, employees do not get confused or panic, but follow the regulations.

At least one company representative must be present during the inspection

The company owner should choose a person who will communicate with inspectors. This could be himself, the manager or his deputy.

The owner of the company being inspected has the right to call his lawyer, who will monitor the implementation of the inspection by regulatory authorities, to involve in the inspection the Commissioner under the President of the Russian Federation for the Protection of the Rights of Entrepreneurs or the Commissioner for the Protection of the Rights of Entrepreneurs in a constituent entity of the Russian Federation. We recommend that a lawyer be present during inspections.

What documents should Rospotrebnadzor employees have?

In the event of an on-site inspection, Rospotrebnadzor employees must present their official identification and an order (order) to conduct the inspection.

The order must contain information about the inspectors who conduct the inspection, the goals and objectives of the inspection, the grounds for conducting the inspection, the period of the inspection, the address and persons in respect of whom it will be carried out, the conditions of the inspection, the composition of experts and expert organizations involved in the inspection.

It is important that the data of the inspectors who came to the company to conduct an inspection correspond to those specified in the order.

An entrepreneur has the right to refuse to carry out an inspection, pointing out its illegality if, for example, you are being inspected by one inspector, but the order contains the details of another person.

After the entrepreneur has checked the documents of the controllers and is convinced that everything is in order with them, it is better not to interfere with them, but, on the contrary, to assist them.

If an employee of Rospotrebnadzor initiates a complete “audit” of all company documents and requests documents not related to the subject of the inspection specified in the order, this is considered an abuse of authority.

The entire inspection should be recorded on a video camera, and all violations identified during the inspection should be recorded. This is necessary in order to appeal the actions of the inspectors and the legality of such an inspection. In most cases, the court sides with businessmen.

What Rospotrebnadzor employees usually check

Rospotrebnadzor exercises a wide range of powers, including sanitary and epidemiological supervision, issuing sanitary and epidemiological conclusions, conducting social and hygienic monitoring, monitoring compliance with the law on the protection of consumer rights, certification of workers involved in the production, transportation, storage, sale of food products and drinking water, accounting.

Inspectors can take samples and samples of products for research, testing and measurements, if this is prescribed in the order (order).

Possible results of the audit

Based on the results of the inspection, a report is drawn up in two copies, in which a note must be made indicating that the person being inspected has read it or refused to read it. The entrepreneur has the right to indicate in the inspection report his agreement or disagreement with the results of the inspection and with individual actions of Rospotrebnadzor employees.

If, based on the results of the inspection, the inspector reveals violations in your company, he can:

bring to administrative responsibility for identified violations in the form of a warning;
to fine;
suspend the activities of the enterprise until the violations are eliminated for a certain period;
If there is a threat to the life or health of people, transfer the case to court. Such cases threaten with imprisonment.

Verification deadlines

In terms of timing, the inspection should not last more than 20 days, on-site inspection of small enterprises no more than 50 hours per year, and micro-enterprises and individual entrepreneurs - no more than 15.

Inspectors have no right

conduct an inspection in the absence of representatives of the legal entity being inspected (with the exception of cases of threat to the health of people, animals or state security);
carry out an inspection without warning the business owner (authorities are required to notify even unscheduled inspections one day before the inspection);
violate inspection deadlines;
collect original documents of the company being inspected;
demand information, documents or products not related to the subject of the inspection;
disclose the results of the inspection to third parties;
prescribe any control measures to be carried out at the expense of the company being inspected or demand money for the inspection carried out.

The activities of Rospotrebnadzor are regulated by regulations approved by Government Decree No. 322 of June 30, 2005 of the Russian Federation.

Ilya Savelyev, senior partner of the legal

Which companies are audited most often?

Most often, organizations engaged in the production and sale of food, medicine, and industrial goods encounter inspections by Rospotrebnadzor. These are shops, pharmacies, dairies, and feed factories. Rospotrebnadzor also often inspects schools, kindergartens, and boarding homes. Companies providing household services to the population will also not be able to avoid inspections. These are hotels, medical centers, diagnostic laboratories, cafes and restaurants.

Why do you need scheduled inspections and an inspection plan?

Small businesses are exempt from scheduled inspections in 2017-2018.

The purpose of scheduled inspections is sanitary and epidemiological surveillance, monitoring the company’s compliance with consumer rights.

As a general rule, scheduled inspections are carried out no more than once every 3 years (Article 9 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”).

More often, scheduled inspections can be carried out in organizations in the fields of healthcare, education, heat supply, electricity, energy saving, as well as in the social sphere.

A consolidated schedule of scheduled inspections is drawn up annually. This is a list of organizations that will be inspected this year, and information about the start date of the inspection and the timing of its implementation. The inspection plan is publicly available on the official website of Rospotrebnadzor and on the website of the Prosecutor General's Office of the Russian Federation.

Why are unscheduled inspections needed?

Unscheduled inspections are carried out on complaints about violations of consumer rights, if a person has already contacted the company that violated his rights, and such a request was left without consideration or was not satisfied.

If verification is required to grant legal status, license or permit, it will be carried out upon receipt of the company's application.

Other reasons are the expiration of the deadline for fulfilling a previously issued order to eliminate violations, information about the threat of harm to the life and health of citizens.

What documents need to be provided to controllers?

These are the organization’s title documents (charter, TIN, OGRN certificates) and the availability of the necessary licenses and permits (for example, when selling alcoholic beverages).

Companies should also take care of the presence of consumer corners with information stands, correctly issued price tags and price lists for goods and services signed by the manager, certificates for goods, information about the manufacturer and supplier of goods.

Certificates of ownership of the premises or rental agreements, agreements for the removal of garbage and other waste, agreements for disinfection, disinfestation and deratization of premises will not be superfluous.

Inspectors can check the availability of sanitary inspection logs, disinfectant logs, production control programs, and instructions for handling medical waste. Measure the footage of the premises, the height of the windows, the size of the doorways. Inspect ventilation and lighting.

It should be remembered that all requested documents during verification are provided in the form of copies certified by the signature and seal of the company. Inspectors do not have the right to demand notarized copies and originals of documents.

How and when should inspectors notify an entrepreneur about an inspection?

Inspectors are required to notify the entrepreneur of a scheduled inspection 3 working days before the start of the inspection.

The organization is notified of an unscheduled on-site inspection at least 24 hours before the start of the inspection by any available means.

Preliminary notification of the organization is not required in case of harm to the life and health of citizens, in the event of emergency situations, or in case of violation of consumer rights.

Zinnur Zinnyatullin, lawyer at the Moscow Bar Association “Knyazev and Partners”

If you do not agree with the results of the review

There are several ways to appeal the actions of a public authority in pre-trial and judicial proceedings; an inspection report or a decision on bringing to administrative responsibility is also subject to appeal.

Pre-trial appeal procedure

If an entrepreneur does not agree with the results of the inspection specified in the inspection report, or with the issued order to eliminate the identified violations, within 15 days from the date of receipt of the inspection report, he can send written objections to Rospotrebnadzor. Objections may be accompanied by documents confirming the validity of the objections or their certified copies.

The complaint is considered no longer than 30 days, with additional documents - no longer than 60 days.

Based on the results of consideration of the complaint in a pre-trial manner, the actions of the inspector may be declared illegal, the results of the inspection may be canceled if it was carried out with rude decisions, or the complaint may be refused if the law was not violated.

Judicial appeal procedure

An entrepreneur has the right to apply to an arbitration court to declare the decisions and actions of Rospotrebnadzor illegal if he believes that his rights in the field of entrepreneurial activity have been violated, responsibilities have been illegally assigned to him, or other obstacles have been created to the implementation of his business.

A complaint against a decision in a case of an administrative offense is submitted to the judge or official who made the decision on the case and who are obliged to send it with all the materials of the case to the appropriate court, a higher body, or a higher official within 3 days from the date of receipt of the complaint.

A complaint against a decision in a case of an administrative offense can be filed within 10 days from the date of delivery or receipt of a copy of the decision and is subject to consideration within ten days from the date of its receipt with all materials.

If Rospotrebnadzor issued an order to eliminate violations, then a decision to hold the person accountable for violations of the legislation on the protection of consumer rights, but it was the decision to hold the person accountable for violations of the legislation on the protection of consumer rights that was appealed and canceled under Art. 2.9 of the Code of Administrative Offenses of the Russian Federation (insignificant), then the order to eliminate violations remains in force and its execution is still required.

The inspection report or order to eliminate violations must be appealed separately in pre-trial or judicial proceedings. Only in this case do they become optional for execution.

What are test purchases and by what rules are they carried out?

Test purchase allows you to simulate a situation in which the controller checks how goods are sold and services are provided to consumers.

The test purchase is carried out without prior notification to the entrepreneur in agreement with the prosecutor's office. If violations of mandatory requirements are detected, information about the test purchase must be provided to the entrepreneur immediately after its completion. The official must present his official identification and an order to conduct a test purchase.

The test purchase must be carried out in the presence of two witnesses or using video recording.

Why are checklists being introduced from October 2021?

From October 1, 2021, during scheduled inspections, checklists are used - these are checklists with a list of requirements for the entrepreneur. Compliance with these requirements allows you to preserve the life and health of citizens.

Checklists will have to make life easier for the companies being audited, since specific requirements will be established for the verification of legal entities depending on their type of activity, which should enable companies to prepare for the audit in more detail and know the immediate requirements presented during the audit. Currently there are no such specific requirements.

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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.

Rospotrebnadzor Moscow

Good afternoon. My name is Alexander. I would like to ask you to consider my application from the point of view of providing medications through the pharmacy network. The point is this. My wife Elena fell ill with coronavirus and was treated at home from December 5 to December 19, 2021. She was prescribed medications for treatment, including antiviral drugs, blood thinners and anti-inflammatory drugs. After visiting the doctor on December 19, the general practitioner recommended that my wife take blood-thinning medications, in particular Xarepto, 1 pack of 10 tablets, since she is a cancer patient and has problems with her veins and blood vessels. At this time, my period of self-isolation ended and on the same day I just received my pension for January 2021. I came to the pharmacy next to my house called "Romashka", located at the address: Moscow, Altufevskoe highway, building 88, where I asked to give me 1 pack of the medicine "Xarepto" 10 tablets and brought as a sample an empty cluster with 10 empty spaces for tablets. They asked me about the dosage. I said 10 mg. They told me that this drug is available, but 20 mg. and they replied that it would cost thirteen ninety-nine, or so I heard anyway. Due to the fact that I was in self-isolation for 2 weeks and go to the pharmacy extremely rarely (probably like any man), my wife is in charge of buying medicine, I understood it as 13 rubles and some kopecks. I paid by card and went home. When I came home and my wife opened the package, it turned out that I had bought a package of Xarepto 100 tablets for 13 thousand 99 rubles. The shock knew no bounds, especially since my wife’s birthday is December 31st and I spent my entire pension for January 2021. I ran to the pharmacy to return the medicine. There they politely explained to me that the money for the medicine would not be returned. I said that I didn’t know it was so expensive and I only needed 10 tablets. They told me I need to listen carefully and the packaging is only sold in 100 pieces. The price was said thirteen zero ninety nine, I didn’t listen well and I need to wipe my ears. Having wiped away my snot and tears, I came home to “take blood thinners” for the next year. They sold me 100 tablets of 20 mg, but I needed 10 of 10 mg. Since almost all of my pension was gone, I thought that I would then sell them via the Internet. But it clearly states that you cannot sell medicines for Covid, it is a criminal offense. That is, it turns out that someone needs medicine, but they don’t have it, but they sold it to me and I have nowhere to put it. Time passed, the snot and tears dried up, and I calmed down. But yesterday I walked past this pharmacy from the store and saw an upset elderly woman crying on a bench. I asked her what happened and she told me a similar story. I consoled her as best I could, saying that the money would not be returned and that she needed to be more careful. Actually, everything that they told me. In this regard, I request you to consider my application. I understand that pharmacy pharmacists receive their salaries based on sales volumes. But there are probably some moral standards. Then what to do with the medications that the pharmacy pharmacists “sold” you and are they obliged to name the price of the medications in thousands of rubles or not? Should they indicate that they do not sell 10 tablets, but only in packs of 100? I'm not making excuses for myself. But I just wanted to ask you for clarification on this situation so that other citizens, especially older people, do not end up in this situation. Happy New Year 2021. I wish you all health, happiness and prosperity, except for the Romashka pharmacy. With respect, veteran of the war in Afghanistan Danilin Alexander Nikolaevich.

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