Certificate from the register of disqualified persons in Moscow

Pros and cons of ordering an extract of disqualification from the tax office through the State Services portal

The service only provides information on how to obtain a certificate.
As was said earlier, the government services portal does not allow users to obtain a certificate of no disqualification from the tax office directly on the website. This service can only be obtained by applying in person, or by filling out an application on the official website of the tax service.

The main advantage of the government services portal is that with its help you can get all the information about the desired procedure, including obtaining a certificate. This saves the citizen from an additional visit to the authorized body. The information on the portal is presented in full, it includes all the features and conditions of receipt, terms of provision and amount of payment.

Extract from the register of disqualified persons

The information that is available in the Unified State Register of the Federal Tax Service is open access and can be viewed by anyone.

The federal government agency that is authorized to maintain the state register of disqualified persons places the information located in the Unified State Register on its own official website on the Internet.

It is worth noting that when requesting information contained in the Unified State Register and posted on the website of the tax government agency, you will not need to pay a monetary fee; this is done absolutely free of charge.

An extract with the information of interest can be provided directly to the individual. a person, if he presents an identification document (passport), a representative of a company or a citizen vested with the appropriate powers, if he presents an identification document (passport), as well as a document that confirms that he has these powers.

Sample statement

Information may also be requested by the court if it is required to make a decision during the trial. The request is sent directly to the tax authority of the Russian Federation.

The information contained in the state register of disqualified persons may be requested by other departments in order to provide state or municipal services, and is used to transmit data to RSMEV.

If it is not possible to use this system, then information from the Register of Disqualified Persons can be transmitted in paper form. A citizen or organization is excluded from the state register when the period of disqualification expires or if the Federal Tax Service has a court decision that has entered into legal force regarding the cancellation of a previously issued disqualification order.

Changes to the state register are made by employees of the Federal Tax Service within 3 business days from the receipt of a copy of the court decision regarding disqualification or review of this case.

This video clearly shows how to check yourself and your counterparty:

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Attention!

Due to recent changes in legislation, the legal information in this article may be out of date!
Our lawyer can advise you free of charge - write a question in the form below:
From January 1, 2012, employers will experience innovations - the body responsible for maintaining the register of disqualified persons will change. How often do you request information about an employee’s disqualification? Indeed, in practice, many personnel officers neglect this. But, if during the inspection it is determined that you have a disqualified manager, the organization may be fined a significant amount. What if such a general director has already managed to sign several major contracts and conclude important deals? How does this threaten the employer and how can this be prevented? What other employees may be subject to disqualification? How can I check this?

Who can be disqualified and for what?

Persons who carry out organizational, administrative or administrative functions in a body of a legal entity or are in service can be disqualified (see diagram one below). As a result, they are deprived of the right to carry out their activities, for example, to manage an organization (see diagram two below).

At the same time, it is important to know that disqualification as a type of administrative liability can be applied only in certain cases, on which, among other things, the term of such punishment depends.

A person can be brought to justice in the form of disqualification no later than one year from the day the offense was committed (for a continuing offense - no later than one year from the day it was discovered). The court determines the punishment. His decision must be executed immediately (Article 32.11 of the Code of Administrative Offenses of the Russian Federation).

Attention!

Remember that you can fire a disqualified employee only if he cannot be transferred to another position (part two of Article 83 of the Labor Code of the Russian Federation)

What is the register of disqualified persons?

The register of disqualified persons is formed and maintained in accordance with special Regulations. Information about persons is entered into such a register, as well as information is deleted or changed on the basis of: – a copy of the judicial act on disqualification that has entered into legal force; – copies of the judicial act on the review of the ruling (decision) on disqualification; – copies of the judicial act canceling the decree (decision) on disqualification that has entered into legal force; – expiration of the period of disqualification.

The information contained in the register is public. Interested parties can receive it in the form of extracts (certificates).

Personnel Dictionary

Disqualification

- this is the deprivation of certain rights of an individual: the right to hold positions in the executive body of a legal entity, to join the board of directors (supervisory board), to carry out entrepreneurial activities to manage a legal entity, to be in the public service, etc. (Article 3.11 of the Code of Administrative Offenses of the Russian Federation ).

Register of disqualified persons

is a register created for the purpose of recording persons disqualified on the basis of judicial acts that have entered into legal force, as well as to provide interested parties with relevant information.

Where and in what order to apply for information about disqualification

As a general rule, when concluding an employment contract, the employer is obliged to request information about the disqualification of the applicant. This is important if the applicant is accepted for a position in the state civil (municipal) service, as well as if his work will be related to the management of an organization (Article 32.11 of the Code of Administrative Offenses of the Russian Federation).

Since 2007, the register of disqualified persons was formed and maintained by the main information and analytical center of the Russian Ministry of Internal Affairs. From January 1, 2012, the holder of the register will be the Federal Tax Service of Russia.

In order to obtain the appropriate certificate, the employer must contact the tax authority with a request about the individual being hired (see sample below). It must be compiled in Russian, indicating all the necessary information (see diagram three below). In addition, two documents must be attached to it: a power of attorney, as well as a receipt for payment of the state duty (its amount is 100 rubles). The answer must be given to the employer in five days. Requests sent in violation of the requirements will be returned without execution.

The employee himself can receive a certificate of no disqualification. In this case, it will be issued free of charge. Do not forget, however, that the employee can only do this of his own free will.

Employer's liability

There is no need to check every applicant for disqualification. But if it turns out that you have entered into an agreement with a disqualified general director, the company will be held administratively liable and a fine of up to 100,000 rubles will be imposed, and the employee himself will be fined 5,000 rubles (Article 14.23 of the Code of Administrative Offenses of the Russian Federation).

The risk is really huge. And it's not just about fines. All legally significant actions committed during the period when the organization was managed by such a manager are considered invalid due to their nullity (for example, contracts signed by the general director, powers of attorney issued to him and transactions completed will be considered invalid).

Cases in which disqualification can be applied

Violation	Period of disqualification
Violation of labor and labor protection legislation	From one year to three years	Part 2 Art. 5.27 Code of Administrative Offenses of the Russian Federation
Illegal actions to obtain or distribute information constituting a credit history	Up to three years	Article 5.53 of the Code of Administrative Offenses of the Russian Federation
From six months to three years	Part 1 art. 14.12 Code of Administrative Offenses of the Russian Federation
Deliberate bankruptcy	From one year to three years	Part 2 Art. 14.12 Code of Administrative Offenses of the Russian Federation
Illegal actions in bankruptcy	From six months to three years	Article 14.13 of the Code of Administrative Offenses of the Russian Federation
Violation of legislation on state registration of a legal entity	Up to three years	Part 4 art. 14.25 Code of Administrative Offenses of the Russian Federation
Unfair competition	Up to three years	Part 2 Art. 14.33 Code of Administrative Offenses of the Russian Federation
Failure to comply on time with a legal order of the body exercising state supervision (control)	Up to three years	Parts 1, 2, 2.1, 2.2, 2.3, 2.6, 2.7, 3, 5, 11, 13, 14, 17 art. 19.5 Code of Administrative Offenses of the Russian Federation

Remember the main thing

Note the experts who took part in the preparation of the material:

Galina TYSHCHENKO,

Head of the HR Department of the Federal State Unitary Enterprise "Research Institute of Automation" (Moscow):

– To obtain a certificate of disqualification from January 1, 2012, the employer must contact the Federal Tax Service of Russia with a corresponding request. It is necessary to attach two documents to it: a power of attorney from a legal entity, as well as a receipt for payment of the state duty in the amount of 100 rubles.

Tatiana SUKHAREVA,

Head of HR Administration Services Group at Intercomp Global Services (Moscow):

– You can also send the employee himself (with his consent) for a certificate of no disqualification.

In this case, the certificate is issued free of charge. But do not forget that, according to the law, it is the employer’s responsibility to obtain such a certificate.

Elizaveta ARKHIPOVA,

HR manager of First Satellite Company - Ural LLC (Ekaterinburg):

– There is no need to check every applicant for disqualification. An employer who fails to fulfill this obligation does not bear any responsibility. The exception is when you need to enter into an agreement to manage an organization.

Step-by-step instructions on how to obtain a certificate of no disqualification online

The certificate can be ordered through the tax service website.
The service period is up to 5 working days. To obtain a certificate, a citizen must personally contact the tax office or write an application on the official website of the tax service. The Public Services portal will help you become familiar with the procedure for obtaining a certificate.

Step 1

If you have an account on the Public Services portal, you must log in to the system. To do this, click on the “Personal Account” button located on the right side of the screen.

And then indicate the data from your account, namely your mobile phone number (or SNILS), as well as your password.

Step 2

Next, from the official page of the site, go to the “Authorities” section, and then select “Federal Tax Service of Russia”.

Next, a window will automatically open where a full list of services provided on the portal, both electronic and non-electronic, will be presented. Obtaining a certificate of disqualification is a non-electronic service. You must select the item “Providing information to interested parties contained in the register of disqualified persons” from the list.

If you need the certificate for yourself, then select the option “Obtaining information about yourself from the Register of Disqualified Persons.”

Step 3

After completing the above steps, a window will open containing detailed information about receiving the service.

After reading the rules on the government services portal, the citizen can safely proceed directly to writing the application itself. The period for its consideration is 1 working day, then the tax service is given 5 working days to provide a certificate of disqualification.

What information is in the registry?

The register contains the following information (Part 3 of Article 32.11 of the Code of Administrative Offenses of the Russian Federation):

last name, first name, patronymic of the disqualified person, date and place of birth;
the name and TIN of the company where the person worked at the time the offense was committed, his position at that time;
article of the Code of Administrative Offenses of the Russian Federation on the basis of which the punishment was imposed;
name of the body that compiled the protocol on the administrative offense;
position, surname, name, patronymic of the judge who issued the disqualification order;
period of disqualification;
start and expiration dates of the period of ineligibility;
data on the review (cancellation) of the disqualification decision.

This is interesting: Late payment of personal income tax, explanation to the tax office

This information is open to the public. They can be made available to all interested parties.

What difficulties may arise, the likelihood of failure

Do not forget that the service of obtaining an extract is paid.
Refusals to provide a certificate are extremely rare. They can refuse for only two reasons. Firstly, if the user has not paid for the service. Secondly, if you provided information that is not true.

Correcting both current situations is quite simple. To do this, you will need to pay for the service provided and carefully check the correctness of all the data specified in the application, and if there are any errors, fill out a repeat application.