How to force an employer to comply with the order of the prosecutor's office?
I work in the Ministry of Emergency Situations, 9 years of experience, as an officer. A year and a half ago, they tried to fire me for “inconsistency with the position held.” I contacted the city and regional prosecutor's office. After that, everything got better for a while, but at the moment everything is starting all over again. What is the statute of limitations for the order of the prosecutor's office?
both prosecutor's offices did not carry out checks on all the items for which I indicated (the date of contact with the prosecutor's office was 03/04/2015 and 07/10/2015), they did not send answers on time, they were stalling. To date, the employer has not complied with the order of the prosecutor's office (no payment of overtime, no payment for sub-rental housing). Can I force the court to comply with the order of the prosecutor's office and what is the best way to prove that the prosecutor's office did not carry out checks on all items (go to court or the Prosecutor General's Office?).
09 October 2020, 21:58, question No. 1402198 pavel, Nizhny Novgorod Collapse Victoria Dymova Support employee Pravoved.ru Try looking here: You can get an answer faster if you call the free hotline for Moscow and the Moscow region: Free lawyers at lines: 8 Answers from lawyers (1) 891 answers 284 reviews Chat Free assessment of your situation Lawyer, Nizhny Novgorod Free assessment of your situation For failure to comply with the order, liability is provided, but if 2 months have passed since the end of the month of receiving the representation, then the deadline for bringing administrative liability has passed. The deadline for going to court for not paying overtime, not paying for sub-rental housing has also expired. I think it’s better to contact the Prosecutor General’s Office regarding positions not reflected and failure to monitor the execution of the issued order. Basis: Law on the Prosecutor’s Office: Article 24.
Prosecutor's presentation1. A proposal to eliminate violations of the law is submitted by the prosecutor or his deputy to the body or official that is authorized to eliminate the violations committed, and is subject to immediate consideration. Within a month from the date of submission, specific measures must be taken to eliminate violations of the law, their causes and conditions, facilitating them; the results of the measures taken must be reported to the prosecutor in writing.2. When considering a presentation by a collegial body, the prosecutor is informed about the day of the meeting. Code of Administrative Offenses of the Russian Federation: Article 17.7.
Failure to comply with the legal requirements of a prosecutor, investigator, inquiry officer or official conducting proceedings in a case of an administrative offense. Deliberate failure to comply with the requirements of the prosecutor arising from his powers established by federal law, as well as the legal requirements of an investigator, investigator or official conducting proceedings in a case of an administrative offense. , - entails the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles; for officials - from two thousand to three thousand rubles or disqualification for a period of six months to one year; for legal entities - from fifty thousand to one hundred thousand rubles or administrative suspension of activities for up to ninety days. Article 4.5. Limitation period for bringing to administrative responsibility1.
A decision in a case of an administrative offense cannot be made after two months (in a case of an administrative offense considered by a judge - after three months) from the date of commission of the administrative offense, Labor Code of the Russian Federation: Article 392.
Time limits for applying to court for resolution of an individual labor dispute An employee has the right to apply to court for resolution of an individual labor dispute within three months from the day he learned or should have learned about a violation of his rights, and in disputes about dismissal - within one month from the date delivery of a copy of the dismissal order to him or from the date of issue of the work book. To resolve an individual labor dispute about non-payment or incomplete payment of wages and other payments due to the employee, he has the right to go to court within one year from the date of the established deadline for payment of the specified amounts, in including in case of non-payment or incomplete payment of wages and other payments due to the employee upon dismissal. Similar questions 03 June 2020, 11:54, question No. 1656256 13 July 2020, 19:00, question No. 1313758 04 June 2020, 14:44, question No. 1274507 20 March 2020, 20:45, question No. 1188310 28 March 20 20, 10:56, question No. 1193287 See also
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Failure to comply with an order: features of administrative responsibility (Churyaev A.)
19.5 Code of Administrative Offenses of the Russian Federation.
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In holding accountable, the supervisory authority believed that, in accordance with Art. 19.5 of the Code of Administrative Offenses of the Russian Federation, a fine is possible not only for failure to comply with an order drawn up in a separate document with the appropriate name, but also for failure to comply with other documents containing written orders of the control body obliging the elimination of identified violations within a specified period.
Not agreeing with the legality of this interpretation of the law, the person being inspected appealed the decision to impose administrative liability in court. The judges who considered this application agreed with his position and noted that the extract from the supervisory case is purely informational in nature and therefore failure to comply with the requirements contained in it does not constitute an offense under Art. 19.5 of the Code of Administrative Offenses of the Russian Federation (Resolution of the Fifth Arbitration Court of Appeal dated July 18, 2014 No. 05AP-7794/2014 in case No. A59-1129/2014).
Procedure and rules for reviewing documents received from the prosecutor's office
The prosecutor's demands are subject to unconditional execution within the time period established therein (Article 6 of the Federal Law “On the Prosecutor's Office of the Russian Federation”).
Consideration of protests. In accordance with Art. 23 of the Law on the Prosecutor's Office, the prosecutor's protest is subject to mandatory consideration no later than ten days from the date of its receipt, and in the case of a protest against the decision of a representative (legislative) body of a constituent entity of the Russian Federation or a local government body - at the next meeting. You can read about the rules for considering protests in the article at the link.
Review of the submission. The prosecutor's proposal to eliminate violations of the law in accordance with Art. 24 of the Law on the Prosecutor's Office is subject to immediate consideration. Within a month from the date of submission of the submission, specific measures must be taken to eliminate the violations of the law, their causes and the conditions conducive to them.
If a person, to whom the prosecutor has submitted a proposal to eliminate violations of the law, believes that the proposal violates his rights, creates obstacles to their implementation, or illegally imposes any obligations on him, then he has the right to apply to the court with a corresponding application in the manner , provided for in Ch. 25 of the Code of Civil Procedure of the Russian Federation, and the court considers such a statement on its merits (Article 134 of the Code of Civil Procedure of the Russian Federation does not contain grounds for refusing to accept such a statement).
Consideration of the resolution to initiate a case regarding an accident. The prosecutor's decision to initiate proceedings on an administrative offense is subject to consideration by an authorized body or official within fifteen days (Clause 2 of Article 25 of the Law on the Prosecutor's Office, Part 1 of Article 29.6 of the Code of Administrative Offenses of the Russian Federation).
Consideration of caveats. The prosecutor has the right to warn the official not to commit an offense. In case of failure to comply with the requirements set out in the warning, the official to whom it was announced may be held accountable in accordance with the Code of Administrative Offenses of the Russian Federation.
Failure to comply with the legal demands of the prosecutor, as well as evasion of appearing when summoned, entails liability established by Article 17.7 of the Code of Administrative Offenses of the Russian Federation.
Article 17.7. Code of Administrative Offenses of the Russian Federation. Intentional failure to comply with the requirements of the prosecutor arising from his powers established by federal law, as well as the legal requirements of the investigator, inquiry officer or official conducting proceedings in a case of an administrative offense -
- shall entail the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles; for officials - from two thousand to three thousand rubles or disqualification for a period of six months to one year; for legal entities - from fifty thousand to one hundred thousand rubles or administrative suspension of activities for a period of up to ninety days.
Thus, if the demands of the prosecutor arising from his powers are ignored or obstacles are created for the prosecutor in the exercise of supervisory powers and there is every reason to believe that such actions (inaction) are intentional, the prosecutor must, having selected an explanation, make a decision to initiate cases of an administrative offense against the relevant official and in accordance with Art. 28.5 of the Code of Administrative Offenses of the Russian Federation, the deadlines for sending materials to the magistrate at the location of the administrative jurisdiction body.
For reference. Failure by the investigator to comply with the demands of the prosecutor arising from the powers specified in the Criminal Procedure Code of the Russian Federation does not entail administrative liability under Art. 17.7 Code of Administrative Offenses of the Russian Federation.
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In accordance with the Federal Law “On the Prosecutor’s Office of the Russian Federation”, the prosecutor, when performing the functions assigned to him, is vested with the right, upon presentation of his official identification, to freely enter the territories and premises of bodies (the list of bodies is named in paragraph 1 of Article 21 of the said Federal Law - these are federal ministries, state committees, services and other federal executive bodies, representative (legislative) and executive bodies of state power of the constituent entities of the Russian Federation, local government bodies, military command and control bodies, control bodies, subjects of public control over the provision of human rights in places of forced detention and assistance to persons, those in places of forced detention, as well as management bodies and heads of commercial and non-profit organizations); have access to their documents and materials, check the implementation of laws in connection with information received by the prosecutor's office about facts of violation of the law; demand from heads and other officials of bodies to provide the necessary documents, materials, statistical and other information, to allocate specialists to clarify issues that have arisen; summon officials and citizens for explanations regarding violations of laws, etc.
The prosecutor's demands arising from his powers, listed in the Federal Law “On the Prosecutor's Office of the Russian Federation,” are subject to unconditional execution within the prescribed period. Statistical and other information, certificates, documents and their copies necessary for the implementation of the functions assigned to the prosecutor's office are provided at the request of the prosecutor free of charge.
Failure to comply with the demands of the prosecutor arising from his powers, as well as evasion of appearing when summoned, entails liability established by law. Article 17.7 of the Code of the Russian Federation on Administrative Offenses provides for administrative liability for deliberate failure to comply with the requirements of the prosecutor arising from his powers established by Federal Law.
For committing the specified administrative offense, an administrative penalty in the form of an administrative fine may be imposed: on citizens in the amount of one thousand to one thousand five hundred rubles; for officials - from two thousand to three thousand rubles. Federal Law No. 58-FZ dated 04/05/2013 introduced additions to the sanction of Article 17.7 of the Code of the Russian Federation on Administrative Offenses, according to which legal entities can also be held liable for committing the specified administrative offense.
In this case, the sanction provides for punishment in the form of an administrative fine from fifty thousand to one hundred thousand rubles or administrative suspension of activities for up to ninety days. It should be noted that this norm is not formal in nature, but actually applies to persons who deliberately did not comply with the prosecutor’s requirements.
Consequences of failure to comply with the order
When deciding whether to comply with an order or not, one should proceed from the fact that the order comes from a government agency that has authority and a deadline is set for the execution of the order.
For failure to comply with a legal order on time, a person will be brought to administrative responsibility under Art. 19.5 of the Code of Administrative Offenses of the Russian Federation with the imposition of an administrative fine.
If you disagree with being brought to the specified administrative liability, the person will have to appeal the relevant act within the established time frame, otherwise, he will be obliged to carry out the imposed punishment.
Thus, failure to comply with the order and not appealing it entails other unpleasant consequences. Therefore, if in your opinion the order is illegal, appeal it in the prescribed manner.
Failure to comply with the prosecutor's order and liability
In exceptional circumstances requiring immediate elimination of a violation of the law, the prosecutor has the right to set a shortened period for consideration of the protest.
Deputy Prosecutor of the Nizhneserginsky District, Senior Adviser of Justice Kolosova S.V.
The results of the consideration of the protest are immediately reported to the prosecutor in writing. Some officials, to whom the prosecutor has made representations or protests, ignore the prosecutor’s demands and do not report in writing the results of the measures taken to eliminate violations of the law, in connection with which the prosecutor is forced to issue decisions against the perpetrators to initiate cases of administrative offenses under Article 17.7 of the Code of Administrative Offenses of the Russian Federation and send them for consideration to the Magistrate Judges of the Chernyshevsky District.
Thus, the prosecutor’s office of the Chernyshevsky district, based on the results of considering a citizen’s appeal to the head of the settlement administration, Balandina O.A.
Does the current legislation provide for the possibility of extending the deadline for fulfilling an order of an official of the state environmental supervision body? The question is really relevant
In accordance with paragraph 6 of Article 2 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” (hereinafter referred to as the Federal Law “On the protection of the rights of legal entities”), verification – a set of control measures carried out by a state control (supervision) body or a municipal control body in relation to a legal entity, individual entrepreneur to assess the compliance of their activities or actions (inaction), goods produced and sold by them (work performed, services provided) with mandatory requirements and requirements established by municipal legal acts.
In accordance with Article 16 of the said Federal Law, based on the results of the inspection, officials of the state control (supervision) body or municipal control body conducting the inspection draw up an act in the prescribed form in two copies.
In accordance with Part 3 of Article 16 of the Federal Law “On the Protection of the Rights of Legal Entities”, the inspection report is accompanied, among other things, by instructions to eliminate the identified violations and other documents or copies thereof related to the results of the inspection.
In accordance with Part 2 of Article 4 of the Federal Law “On the Protection of the Rights of Legal Entities”, the powers of the federal executive bodies exercising federal state control (supervision) include, inter alia, the development and adoption of administrative regulations for conducting inspections in the exercise of federal state control (supervision) ) and administrative regulations for interaction.
According to paragraph 45 of the Administrative Regulations for the execution by the Federal Service for Supervision of Natural Resources of the state function of carrying out federal state environmental supervision (approved by Order of the Ministry of Natural Resources of Russia dated June 29, 2012 No. 191) (hereinafter referred to as the Administrative Regulations) in the event of detection as a result of a planned supervision event violations of mandatory requirements, officials of Rosprirodnadzor (its territorial body), including, issue an order to a legal entity or individual entrepreneur to eliminate the identified violations, indicating the time frame for their elimination.
In accordance with paragraph 70 of the said Administrative Regulations, the order to eliminate the identified violation contains, among other things, the content of the order (a specific action that must be carried out), and the deadline for execution.
In accordance with paragraph 72 of the Administrative Regulations, compliance (non-compliance) with the order is confirmed by the results of an unscheduled inspection conducted by an official exercising federal state environmental supervision.
At the same time, in accordance with paragraph 74 of the Administrative Regulations, if it is discovered that a legal order of an official of Rosprirodnadzor has not been complied with within the prescribed period, a new order is issued simultaneously with the inspection report and a protocol of administrative offense is drawn up for the offense provided for in Part 1 of Article 19.5 of the Code of Administrative Offenses of the Russian Federation, and in part of the administrative case is sent for consideration to the court (magistrate) within three days from the date of preparation.
It should be noted that the current legislation does not contain rules obliging business entities to submit any reports on their implementation to the government bodies that issued the instructions. At the same time, the current legislation does not provide for the possibility of extending the deadline for fulfilling the order of an official of the state environmental supervision body. We also note that the identification by the specified official within the framework of an unscheduled inspection of the fact of non-fulfillment of the order is the basis for bringing a person (both legal and official) to administrative liability provided for in Part 1 of Article 19.5 of the Code of Administrative Offenses of the Russian Federation.
In the Volga Federal District, facts of failure to fulfill duties by officials of Rosprirodnadzor were recorded
Bashkiria, February 11, 2008, 12:45 — REGNUM Deputy Prosecutor General of the Russian Federation in the Volga Federal District Ernest Valeev
submitted to the Minister of Natural Resources of the Russian Federation
Yuri Trutnev
a proposal to eliminate violations of legislation on environmental protection and natural resource management.
As reported by REGNUM news agency
in the press service of the General Prosecutor's Office, the reason for introducing an act of prosecutorial response was numerous facts of failure by Rosprirodnadzor officials to fulfill their duties.
According to the prosecutor's office, due to the inaction of Rosprirodnadzor authorities, unlicensed activities of oil-producing organizations take place in the district, violation of rules for the protection and use of subsoil, non-compliance with the established level of oil production, failure to fulfill the volumes of seismic exploration and exploratory drilling provided for in the license agreement, there are no land allocation and mining documents for exploitation of deposits, pollution of land and water bodies occurs.
In the field of the fuel and energy complex, the prosecutor's office identified more than 3 thousand such offenses in 2007. 1,320 persons were punished disciplinaryly and administratively. Over 900 applications have been sent to the courts to ban illegal environmentally hazardous activities and compensate for damage caused to the environment. Rosprirodnadzor inspectors are not taking measures to bring those responsible to justice. Orders to eliminate violations of the law are not monitored, and those guilty of failure to comply with orders are, as a rule, not punished.
The right to make proposals to suspend, restrict or terminate the activities of enterprises that violate licensing conditions is not used properly.
Thus, long-term failure to comply with the terms of license agreements of OJSC Orenburggeology
, which produced oil in volumes significantly exceeding the permissible limits, allowed the company to receive illegal income in the amount of 1.7 billion rubles.
A criminal case has been initiated and is being investigated regarding this fact. As a result of the prosecutorial response measures taken, damage caused to forest lands was recovered from Lukoil-Perm LLC
in the amount of 1.6 million rubles, as well as from
Stroymetallsnab LLC
in the amount of 65.5 thousand rubles. Rosprirodnadzor did not take proper measures against these violators.
The Deputy Prosecutor General of the Russian Federation raised the issue of bringing to disciplinary liability the heads of the territorial departments of Rosprirodnadzor in the Saratov, Orenburg, Ulyanovsk regions, the republics of Bashkortostan, Tatarstan, Udmurtia, the department of Rosprirodnadzor in the Volga Federal District, who allowed improper performance of their duties and lack of proper control over subordinates .
