What types of checks are there?
The types of checks vary. Control is carried out in different areas. Employees of authorized bodies check:
- compliance with safety standards;
- compliance with documentation rules;
- organizing the functioning of production lines;
- compliance with established product quality, manufacturing and storage conditions;
- compliance with the norms of the legislation of the Russian Federation required for the work of organizations.
Control is carried out by representatives of authorized structures. To make sure that the objects being inspected comply with legal standards, specialists perform the following actions:
- visually inspect the subject of study;
- take samples when it comes to product control;
- carry out practical tests;
- conduct research;
- require written explanations.
Important
Inspections are carried out to ensure maximum security for the activities of companies. Control allows you to reduce the sharply negative impact on the environment and reduce risks for people working in the institution and consumers.
https://youtu.be/6YMXnGe8r6c
Which organizations are most often audited?
The period for conducting inspections is regulated by current legislation. The period varies depending on the type of company and field of activity. The following types of checks are distinguished:
- 1 time per month or quarter;
- annual;
- with a three-year break.
Inspections are divided into scheduled and extraordinary. In the first case, the organization's employees are notified in advance. Extraordinary inspections are carried out after receiving an order. The action is carried out so that employees of regulatory authorities can verify that the company has complied with the requirements and eliminated the violation. Unscheduled inspections are carried out once. They are carried out after the deadline given for eliminating defects has expired. Inspections are also carried out in situations where previously submitted orders were not appealed in the prescribed manner.
The frequency of inspections directly depends on the activities of the organization. Institutions that operate in the following areas are most often inspected:
- sale of food products;
- trade in medicines;
- various types of production;
- training for adults and children;
- medicine.
What is a prescription
An order is an administrative document that serves as an annex to the inspection report. The form is used to reflect requests to eliminate found violations. The completed documentation is sent to the management of the company being audited.
The document is binding. This means that the requirements enshrined in it must be met. However, the issuance of an order in itself does not entail the imposition of any sanctions. However, if an organization or citizen does not respond to the paper in any way, this will become a reason for prosecution. It is provided for by Article 19.5 of the Code of Administrative Offenses of the Russian Federation.
The main objective of the document is to prevent subsequent violations and encourage the person to eliminate them. Employees of institutions performing supervisory activities can subsequently carry out unscheduled checks and find out whether the identified deficiencies have been corrected and to what extent the action has been taken.
An order is issued if violations or non-compliance with the norms of current legislation are identified in the activities of the subject. Sometimes the violations of the law are minor. They can be eliminated quickly. The inspector does not seek to create additional problems for the organization. Having identified minor violations, the inspector will demand that they be corrected. The order is not issued. Demands are made orally. The message is considered a warning. The main goal of the inspector is to exclude the possibility of a repetition of the violation.
Info
The order can be issued by conducting a scheduled inspection or by making an extraordinary visit. Individuals and legal entities are recognized as violators. It all depends on the specifics of the situation.
There is an opinion that the order cannot be issued in relation to ordinary citizens. The belief is wrong. If a violation is detected during an inspection, the person is obliged to eliminate it. In another situation, the person will be held accountable.
Important
The order is issued by institutions or officials who have the right to conduct an inspection. When drawing up the paper, inspectors enter information about the powers present. The paper will be completed within 3 working days. The period is calculated from the moment the verification is completed. Documents are prepared in 2 copies. Both parties sign it. One copy of the paper is provided to the offender. The second form remains with the inspector.
Sample response to a proposal to eliminate identified violations
After the prosecutor has addressed a representation to a person, it must be considered immediately. This is due to the fact that after the notification is delivered to the person, the period provided for carrying out the activities specified in it, as well as providing a response to the prosecutor, begins to expire.
Before the expiration of the specified period, the body or official to whom the notification from the Prosecutor's Office is addressed takes measures aimed at eliminating the detected violations. After this, the official notifies the Prosecutor's Office of the list of measures taken on the basis of the received submission, in accordance with paragraph. 2 tbsp. 24 of Law No. 2202-1.
Failure to comply with the requirements specified in the order sent by the prosecutor is grounds for bringing the official to the prescribed measures of administrative liability. The list of penalties is enshrined in Art. 17.7 Code of Administrative Offenses of the Russian Federation dated December 30, 2001 No. 195-FZ.
When drawing up a written response, you should use the provisions specified in the Federal Law “On the Prosecutor's Office of the Russian Federation”. Before writing the document, the official must study the specified act. The response must contain specific information about the work done to eliminate the identified inconsistencies indicated by the Prosecutor's Office.
The response is issued on the letterhead of a legal organization or institution and is in writing.
Deadlines for eliminating violations
The current legislation does not indicate the exact period during which it is necessary to eliminate the deficiencies. The controlling organization makes a decision taking into account the individual characteristics of the situation. The seriousness of the violation is taken into account. The final dates are recorded directly in the order.
Attention
It is expected that the maximum period will not exceed six months. It is permissible to extend the period if the violator provides evidence of the impossibility of eliminating inconsistencies within the established period.
In accordance with the order of the Ministry of Economic Development of Russia dated July 20, 2015 No. 486 “On approval of the Administrative Regulations of the Federal Service for State Registration, Cadastre and Cartography for the execution by the Federal Service of State Registration, Cadastre and Cartography of the state function of implementing state land supervision” (came into force on 06.12. 2015) a legal fact - the basis for making a decision on measures based on the results of the inspection - is the inspection report, which, among other things, must indicate the identified violations of mandatory requirements.
If, as a result of an inspection, violations of mandatory requirements are identified, a legal entity, state authority, local government body, individual entrepreneur or citizen in respect of whom the inspection was carried out and in whose actions a violation of the requirements of land legislation was identified, together with the inspection report, is given an order to eliminate the identified violation requirements of land legislation of the Russian Federation.
An order to eliminate identified violations of the law is mandatory from the moment it is delivered to the person in respect of whom it was issued or to his authorized representative.
The period for eliminating the violation of land legislation in the order is established by the official, taking into account the type of violation detected, the time of entry into force of the resolution in the case of an administrative offense and the time required to eliminate the violation of land legislation, but not more than 6 months.
The period for eliminating violations specified in the order may be extended:
- on the basis of a petition from a person in respect of whom an order has been issued to eliminate violations of the law,
- by decision of an authorized official of Rosreestr (territorial body) if there are documented grounds for the need to extend the period to ensure the elimination of identified violations in the manner prescribed by law.
If it is impossible to eliminate the violation within the prescribed period, the person who has been issued an order to eliminate the identified violations of the law, no later than the deadline for eliminating the violation specified in the order, has the right to send to the official who issued this order a petition to extend the period specified in the order for eliminating the violation of land legislation.
The application shall be accompanied by documents confirming that the offender has taken, within the prescribed period, the measures necessary to eliminate the offense.
If by the end of the period for eliminating violations of the law specified in the order, a resolution in the case of an administrative offense has not been made, or the decision made has not entered into legal force, the period for executing the order to eliminate the violation of land legislation is subject to extension on the basis of a petition from the person to whom the order was issued.
A request to extend the deadline for execution of an order is considered by the official who issued the order within 3 working days from the date of receipt. Based on the results of consideration of the application, a determination is made:
1) to satisfy the petition and extend the deadline for execution of the order - if the violator has taken all measures dependent on him and provided for by the regulatory legal acts of the Russian Federation necessary to eliminate the identified violation;
2) to reject the application and leave the deadline for eliminating the violation of land legislation unchanged - if it is possible to eliminate the violation within the period established by the order, but the violator has not taken all the measures within his power necessary to eliminate the identified violation. The determination to reject the application shall indicate the reasons that served as the basis for the rejection of the application.
A copy of the ruling made based on the results of consideration of the petition is sent to the applicant by registered mail with acknowledgment of receipt.
What does the prescription contain?
There is no single document template in the current legislation. However, for the order to be considered valid, it must contain the following information:
- information about the controlling authority;
- date of completion of the event and information about the person being inspected;
- information about the company;
- violations that were discovered;
- reference to current legislation;
- the period provided for troubleshooting;
- data on acceptable methods for eliminating the violation;
- the period during which it is necessary to provide a report on the activities performed.
Industry departments have the right to independently develop their own form of prescription. The legislation states that the paper records the period provided to correct the current situation. If a person wants to file an objection to the issued order, he will need to contact the supervisory authority. Here you can get a sample document.
Info
The order is accompanied by a package of documentation. The paper can be supplemented with the results of the research conducted and an explanatory note. The list of papers depends on the specifics of the situation. The text contains references to laws.
Sample
Download
Order to eliminate identified violations.doc
What it is?
After inspection of a construction site, state construction supervision authorities very often issue an order to eliminate violations. This instruction specifies the period for elimination and the period for notifying the State Tax Service about the elimination.
So, before the expiration of the specified period, you are obliged to send a notice of elimination in the form established in RD 11-04-2006. By the way, you can download a form for notice of elimination of violations using this link.
Consequences of failure to comply with the order
The requirement is attached to the documentation, which reflects the fact of conducting an audit of the organization. The paper expresses a requirement to comply with the law. The order does not impose any penalties on the violator. However, if the requirements are not met, legal liability will arise. The violator may be subject to administrative sanctions or have his activities suspended in the case of organizations. The process is regulated by Article 19.5 of the Code of Administrative Offenses of the Russian Federation.
Is it possible and how to appeal?
If the person subject to the inspection does not agree with the results of the order issued, the decision can be challenged. To do this, you will need to draw up an objection to the document. Paper must be prepared in compliance with certain rules. Mandatory information to be provided:
- information about the applicant;
- elimination data;
- information about the person who performed the inspection;
- the reasons why the person believes that the decision made is unlawful;
- evidence base supporting the presented arguments;
- petition for cancellation of the order.
It is important to provide references to legal norms. The documentation that supplements the paper must be sealed by a legal entity and signed by an employee who has the right to make decisions on the need to prepare a return to the received order. If we are talking about an individual, a signature is sufficient.
Important
The authorized body will review the paper and make a decision. If the applicant's request is satisfied, the order may not be fulfilled. In another situation, the implementation of the action continues to be mandatory.
WE ARE PREPARING A COMPLAINT ABOUT THE INSTRUCTION OF GIT IN THE ORDER OF SUBORDINATION
The complaint (example 1) is drawn up in free form, indicating the following information:
• full name and details of the body to which the complaint is filed;
• information about the applicant (name of organization, address);
• details of the employer’s representative (position, full name);
• date of document preparation.
The text of the complaint itself states:
• details of the document that is subject to appeal (number and date of the order);
• circumstances and facts confirming the illegality of the order issued by the State Tax Inspectorate, supported by references to regulatory documents and local acts;
• the applicant’s demands, which may be the cancellation of the issued order or the recognition of the actions (inaction) of the inspector who issued it as illegal or non-compliant with regulatory requirements.
The applicant submits to the State Tax Inspectorate a complaint drawn up in 2 copies, with attachments (if any). The appeal is registered, after which one copy of the complaint is returned to the employer with a note on acceptance of the documents.
The text of the statement of claim to the court will be identical to the complaint (see example 1), only we change the details in the header (example 2). If a representative of the employer participates in the court hearing, additional details must be indicated.
As mentioned above, the applicant must file a claim with the district court at the location (place of actual location) of the state body, having previously paid a fee (clause 1 of Article 333.19 of the Tax Code of the Russian Federation).
The case is considered in court according to the rules of the Code of Arbitration Proceedings of the Russian Federation (hereinafter referred to as the CAS RF).
Representatives in court in administrative cases can only be persons with a higher legal education, confirmed by relevant documents (Part 1 of Article 55 of the Code of Arbitration Code of the Russian Federation).
