Checks of legal entities for a year by the prosecutor's office. How to find out about the upcoming scheduled inspection of the object by the state fire supervision authority

Plans for inspections by regulatory authorities are information that is published annually by the Prosecutor General's Office of the Russian Federation. A consolidated plan of inspections has already been published on the website of the department legal entities for 2019. For those who find their enterprise in it, it is better to prepare for the visit of the inspectors in advance. To learn how to search for your company in the registry and what to use when preparing for the arrival of an inspector, read the article.

Legislative framework and timing of publication of information on planned supervisory activities

All information about inspections of legal entities and individual entrepreneurs is accumulated by the Prosecutor General's Office of the Russian Federation; The official website publishes the inspection plan for 2019 in accordance with the requirements of Part 7 of Article 9 of Chapter 2 of Federal Law No. 294 "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision) and Municipal Control". This online resource is called "Consolidated plan for inspections of business entities for 2019". The website of the General Prosecutor's Office of the Russian Federation published a summary plan of inspections for 2019 at the end of 2018.

In addition, similar lists of planned supervisory activities carried out by regional regulatory authorities should be published by the prosecutor's offices of the constituent entities of the Russian Federation, and many have already done this, for example, plans for 2019 can be viewed:

Each organization and individual entrepreneur should look for themselves in two lists at once: federal and regional.

Inspection plans of regulatory agencies in 2019

In addition to publishing a consolidated register of those being checked on the website of the Prosecutor General's Office, there is also a special service (which is also operated by the Russian prosecutor's office) - FSIS "Unified Register of Inspections". It differs from the information on the main website of the Prosecutor's Office in that it shows information not only about the planned control measures, but also about those already completed or still taking place in currently. To use this resource, you need to enter not just the name of the organization, but also other details. The input form looks like this:

Although there is more information in the Register, in order to find out whether it is necessary to expect a visit of inspectors in 2019, a master plan is enough. It's easy to use.

How to find out about the planned visit of inspectors

All information about control measures is checked, clarified and published by the Prosecutor General's Office of the Russian Federation (official website); the inspection plan for 2019 will show information on a specific organization based on its name, TIN and OGRN in the context of:

• months of the visit of inspectors;
• the name of the controlling agency.

If there are fears that, for example, Rospotrebnadzor is going to visit you, and you want to know about it in advance, look first on the website regional government of this department, look for the section "Scheduled inspections of Rospotrebnadzor for 2019: plan and schedule of inspections." Information appears on the regional websites of departments and prosecutors earlier than on the centralized website. The same applies to information about what Roszdravnadzor plans: the inspection plan for 2019 will be included in the consolidated register - information will appear there before the end of the year.

If you do not find your company in the list, the inspectors will not come. True, they can come unscheduled, there are enough reasons for this. In addition, the register does not cover control activities carried out as part of:

• investigative actions and operational-search activities;
• administration of justice;
• prosecutor's supervision;
• financial and banking supervision;
• currency control;
• investigations into the causes and consequences of man-made, natural or infectious emergencies;
• administrative investigation (previously open);
• investigation of accidents at work;
• antimonopoly control based on insider information.

Separately, it must be remembered that from the moment state registration a legal entity or individual entrepreneur must pass at least 3 years to be included in the register. A similar period must elapse from the moment the last planned supervisory activity is completed by the same supervisory authority.

Until 12/31/2018, in accordance with the provisions of Article 26.1 of the Federal Law No. 294-FZ, there was a ban on planned supervisory activities in relation to small businesses. However, this moratorium expired at the end of 2018. But at the end of December, the deputies adopted Federal Law No. 480-FZ of December 25, 2018, which adds Article 26.2 to FZ-294 and extends the moratorium on inspections for small businesses until the end of 2020.

However, this article provides a rather impressive list of exceptions. The moratorium on inspections of SMEs does not apply if:

• the audit is carried out using a risk-based approach (see the list below);
• the object of verification is included in a special list of enterprises to which the moratorium does not apply (these are healthcare, education, social services, enterprises of heat and electricity supply, energy saving and energy efficiency);
• earlier the enterprise was assigned administrative responsibility, and less than 3 years have passed since then;
• the company conducts licensed activities;
• the verification concerns radiation, nuclear safety, the preservation of state secrets, etc.

Using checklists

By the way, we remind you that from 01/01/2018, many departments carry out control using checklists(Unfortunately, Tax office does not use checklists).

If you see that your company is also awaiting scheduled inspections for 2019 (the official website of the prosecutor's office included your organization in the register), we recommend using the checklists of departments planning to pay you a visit. This will help you prepare for the controls. You can find checklists in the relevant departmental orders - here are just a few:

• Rosprirodnadzor (in the implementation of environmental, land, water supervision, control of waste management, protection of subsoil, air and the ozone layer) - Order of Rosprirodnadzor dated September 18, 2017 No. 447;
• Rospotrebnadzor (control over catering establishments, trade, beauty industry) - Order of Rospotrebnadzor dated September 18, 2017 No. 860;
• Pozhnadzor (control of compliance with fire safety requirements) - Order of the Ministry of Emergency Situations of Russia dated June 28, 2018 No. 261;
• Supervision in the field of civil defense and emergency situations - Order of the Ministry of Emergency Situations of Russia dated February 27, 2018 No. 78;
• Labor Inspectorate - Order of Rostrud dated November 10, 2017 No. 655;
• Roszdravnadzor (in terms of handling medicines) - Order of Roszdravnadzor dated December 20, 2017 No. 10449;
• Roskomnadzor -

How to find out about scheduled inspection my enterprise? What is the liability officials control bodies for conducting a scheduled inspection that is not included in the annual consolidated plan for business inspections?

There are several ways to find out about a scheduled inspection of your business.

The first and most universal: You can go to the website of the Prosecutor General's Office Russian Federation in the section “Consolidated plan for business inspections”, select the appropriate year of inspection (for example, http://plan.genproc.gov.ru/plan2013/), then indicate the TIN of your enterprise and confirm the request by clicking on the “Search” image. The automated program will give you the search results.

Legislative provisions on the need to post a consolidated plan for business inspections on the website of the Prosecutor General's Office of the Russian Federation are provided for in paragraph 7 of Art. 9 federal law"On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control» dated December 26, 2008 No. 294-FZ.

The use of the second option is possible when you know which control and supervisory authority should organize planned control measures for you.

For example, you received an order by mail about an upcoming scheduled inspection from a municipal control body.

According to paragraph 5 of Art. 9 of Federal Law No. 294-FZ approved by the head of the state control (supervision) body or municipal control body annual plan scheduled inspections are brought to the attention of stakeholders by posting it on the official website of the state control (supervision) body or municipal control body on the Internet or otherwise accessible way.

Thus, you can check the availability of a planned control measure by visiting the website of the authority local government, to which the municipal control body is subordinate (if the municipal control body does not have its own website).

And the third option: it is used when you know which control body should check your enterprise. Go to the website of the regional prosecutor's office in the section "Consolidated inspection plan" (for example, http://www.samproc.ru/plan/2013/index.php), select the appropriate control body, then view the plan of this control body for the presence of your enterprise.

It is important to note that the conduct of a scheduled inspection that is not included in the annual plan for scheduled inspections entails the invalidity of the results of its inspection (clause 7 of part 1.1 of article 20 of Federal Law No. 294-FZ), as well as the administrative responsibility of officials authorized to exercise state control (supervision) under part 1 of Art. 19.6.1 Administrative Code RF, in the form warnings or overlays administrative fine in the amount of three thousand to five thousand rubles. The repeated commission of such violations entails administrative liability up to disqualification for a period of six months to one year (part 2 of article 19.6.1 of the Code of Administrative Offenses of the Russian Federation).

You can get acquainted with it on the official website of the Prosecutor General's Office of the Russian Federation (http://plan.genproc.gov.ru/plan2017/). To find out if checks are planned for a particular company or individual entrepreneur, you need to enter the following data in the search form (you can limit yourself to one or more items):

• name of the organization or full name of the individual entrepreneur;
• month of verification;
• the name of the body of state control or supervision;
• the address of the checked object.

If a business entity really needs an audit, the search results will include, among other things, its duration in working days or hours, as well as the subject of the audit (for example, ensuring consumer rights, sanitary and epidemiological supervision, fire supervision, supervision in the field of industrial safety, compliance with license requirements, etc.).

What should be taken into account when preparing a response to a request from a supervisory authority during an audit? How to assess compliance with the law of the actions of inspectors? Users of the GARANT system can receive prompt assistance from experts by phone by connecting New Product "Expert advice. Checks, taxes, law" .

Recall that the Prosecutor General's Office of the Russian Federation publishes a consolidated plan for inspections of economic entities annually based on data provided by regulatory authorities (Federal Law of December 26, 2008 No. 294-FZ "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control"; hereinafter - Law No. 294-FZ). However, tax audits are not included in the plan.

Starting from January 1, 2017, another form of checks appeared - a test purchase. But such purchases will be carried out without prior notice to the company or individual entrepreneur and on the grounds provided for unscheduled inspections (). Therefore, there is no information about them in the summary plan of inspections.

Small businesses continue to enjoy supervisory holidays, which will last until December 31, 2018. This means that scheduled inspections are not carried out in respect of them if they have not committed gross violations over the past three years. If, however, a representative of a small business nevertheless finds a record of an upcoming inspection on the website of the Prosecutor General's Office of the Russian Federation, he can.

Ministries and departments approve inspection plans. If your organization or individual entrepreneur is not on these lists, then you are not threatened with scheduled inspections. But do not forget that if necessary, the controlling agency has the right to conduct an unscheduled inspection.

Inspection plans are posted on their official websites. This is stated in parts 3 and 5 of Article 9 of Chapter 2 of the Law of December 26, 2008 No. 294-FZ.

Note: Since April 18, 2016, audit organizations have been controlled by the Federal Treasury (Decree of the President of the Russian Federation of February 2, 2016 No. 41, clause 1 of the Regulations approved by Decree of the Government of the Russian Federation of December 1, 2004 No. 703).

The website of the Prosecutor General's Office has a search service for the annual summary plan of inspections. Through it, you can determine if the organization is on the lists, and if so, when and who will check it. To find out information, enter the details of the organization (OGRN, TIN, etc.).

Consolidated inspection plan for 2019 published

The search in the service is carried out according to the details of the company.

From January 1, 2019 to December 31, 2020, a ban on scheduled inspections has been established in relation to legal entities and individual entrepreneurs classified as small businesses, information about which is included in Single register SMEs.

To find out if your business is included in the audit plan of any regulatory agency (for example, labor inspectorate, Ministry of Emergency Situations or Rospotrebnadzor) you need to enter the following data in a special form (all at once or only some of them):

• OGRN;
• name of company;
• month of verification;
• name of the state control body;
• address.

If an audit is planned for a company or individual entrepreneur in 2018, in addition to the purpose of the audit (for example, verification of compliance with labor law or fire safety requirements), you will find out how many working days / hours are allotted to the inspectors for the audit.

Note: Tax audits are not included in the published plan.

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Checks "babies" are prohibited, How to avoid checks for small businesses

Note: Decree of the Government of the Russian Federation of November 26, 2015 No. 1268

There's a new way to avoid being cut off from the audit plan

Small companies received instructions on how to exclude themselves from the audit plan oversight bodies(approved by Decree of the Government of the Russian Federation of November 26, 2015 No. 1268).

From 2016 to 2018, they are exempt from scheduled inspections by supervisory authorities (Article 26.1 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 Implementation of State Control (Supervision) and Municipal Control”).

"Surveillance holidays" for kids extended

The moratorium on scheduled inspections of small businesses has been extended until the end of 2020.

Note: Federal Law of December 25, 2018 No. 480-FZ

Previously, it was planned that 2018 would be the last year of the “supervisory holidays”.

The new stage of the verification moratorium has its own characteristics. The exemption applies only to those types of inspections that are assigned without applying a risk-based approach.

In addition, as before, the ban on routine inspections will not affect "kids" who are engaged in activities in the field of health or education, in social sphere, in the field of heat supply or electric power industry. Organizations and individual entrepreneurs that were punished for gross violations licensed or disqualified within the last three years will also be included in the “test” plan on a general basis.

Attention! The exemption does not include organizations and individual entrepreneurs healthcare, education, etc. Organizations and entrepreneurs are not entitled to use the exemption for three years from the moment the controllers revealed the violations.

If the controllers mistakenly included the organization in the audit plan, it has the right to apply for its exclusion from the plan. The application form is given in the annex to Resolution No. 1268. The organization attaches documents confirming the status of a small enterprise to the application: an extract from the register of shareholders of the company, certified copies of the report on financial results and about average headcount workers.

The state or municipal control body considers the application within 10 working days from the date of its receipt. Three days after the decision is made, it will be sent to the applicant.

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Is the organization or individual entrepreneur included in the inspection plan of this or that department in 2018? How to check it? Are these plans summarized on the website of the Prosecutor General's Office? Let's answer these questions.

Consolidated inspection plan

Scheduled inspections by ministries and departments are carried out on the basis of annually approved plans. Such checks are called scheduled. Departments post their plans on their websites. This is required in parts 3 and 5 of Article 9 of Chapter 2 of the Federal Law of December 26, 2008 No. 294-FZ. The consolidated plan of inspections for all departments for 2018 is posted on the website of the Prosecutor General's Office. It is there that you can check whether inspections of the organization and individual entrepreneurs are planned in 2018.

To find out whether a company or individual entrepreneur should wait for inspectors from regulatory authorities in 2018, you will need to enter the following data in a special search form (all at once or some of them):

• OGRN;
• name of company;
• month of verification;
• name of the state control body;
• address.

Plans on the websites of ministries and departments

You can also look for yourself in the inspection plans on the website of specific ministries and departments. Further in the table we provide a link to sites with inspection plans for 2018.

Inspection ban

For small businesses there are supervisory holidays for three years: in 2016-2018, small businesses should not come with a scheduled inspection. This applies to inspections by Rostrud, the Federal Migration Service of Russia, Rostekhnadzor and Gospozhnadzor. However, this does not apply to tax audits and audits of insurance premiums (Article 26.1 of Federal Law No. 294-FZ of December 26, 2008).

The ban on verification does not apply to organizations and entrepreneurs who, in the three years preceding the verification, were held liable in the form of:

• disqualifications;
• administrative suspension of activities;
• revocation or suspension of a license.