On The Protection Of The Rights Of Legal Persons And Individual Entrepreneurs At Carrying Out Of State Control (Supervision)

Original Language Title: О защите прав юридических лиц и индивидуальных предпринимателей при проведении государственного контроля (надзора)

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Expired-the Federal law from 26.12.2008 N 294-FZ RUSSIAN FEDERATION federal law on the protection of rights of legal persons and individual entrepreneurs at carrying out of State control (supervision) adopted by the State Duma of the year July 14, 2001 (as amended by the federal laws on 30.10.2002 N 132-FZ;
from 01/10/2003 N-FZ of 17; from October 1, 2003 N 129-FZ;
from 22/08/2004, no. 122-FZ; from 09.05.2005 N 45-FZ;
on Jul 02, 2005 N 80-FZ; from 31.12.2005. N 206-FZ;
from Dec. 30 N 266-FZ; from 22.12.2008 N 272-FZ) this federal law aimed at protecting the rights of legal persons and individual entrepreneurs at carrying out of federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation of State control (supervision).
Chapter i. General provisions article 1. The scope of this federal law 1. This federal law regulates relations in the sphere of protection of rights of legal persons and individual entrepreneurs at carrying out of State control (supervision) the federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation, the subordinated public institutions (hereinafter-bodies of State control (supervision), authorized the holding of State control (supervision) in accordance with the legislation of the Russian Federation.
2. this federal law does not apply to monitoring activities, while not requiring the interaction of bodies of State control (supervision) with legal entities and individual entrepreneurs, and are not the responsibility for the provision of information and execution of requirements of bodies of State control (supervision), as well as verification activities, carried out by legal entities and individual entrepreneurs on their own initiative.
3. the provisions of this federal law do not apply to relationships related to: tax control;
currency control;
budgetary control;
banking and insurance supervision, as well as other types of special State monitoring of the activities of legal entities and individual entrepreneurs in the financial market;
transport control (in crossings of vehicles across the State border of the Russian Federation, as well as in stationary and mobile sites in the territory of the Russian Federation);
State control (supervision) administrations of marine, river ports and inspektorskimi services of civil aviation airports in the territories specified ports;
State control (supervision) in the field of traffic safety, environmental safety and sanitary-epidemiological well-being on rail (new eighth paragraph supplemented by federal law from 01/10/2003 N 17-FZ) of customs control;
(Tenth paragraph of ineffective federal law of 30.12.2006 N 266-FZ)
(Paragraph eleven lost effect-the Federal law dated Jul 02, 2005 N 80-FZ) of control of security in the use of nuclear energy;
monitoring the protection of State secrets; (New paragraph twelfth supplemented by federal law from 30.10.2002 N 132-FZ) of sanitary-quarantine, phytosanitary and veterinary inspection at the crossing points of the State border of the Russian Federation;
control objects recognized as hazardous in accordance with the legislation of the Russian Federation, as well as critical and sensitive sites, a list of which is established by the Government of the Russian Federation;
operatively-search actions, conducting an initial inquiry or pre-trial investigation, procurators and justice;
the state metrological control (supervision);
State construction supervision; (The paragraph is supplemented by federal law from 31.12.2005. N 206-FZ) of State control over the implementation of private detective and security activities. (The paragraph is supplemented by federal law from 22.12.2008 N 272-FZ)
4. This federal law establishes the procedure of conducting monitoring activities carried out by bodies of State control (supervision);
the rights of legal persons and individual entrepreneurs at carrying out of State control (supervision), measures to protect their rights and legitimate interests;
duties of State control (supervision) and their officials in conducting monitoring activities.
5. If an international treaty of the Russian Federation envisages rules other than those established by this federal law, the rules of the international treaty shall apply.
Article 2. The basic concepts used in the present Federal law for purposes of this federal law uses the following concepts: State control (supervision)-conduct inspection of fulfillment of the legal entity or individual entrepreneur in carrying out activities of compulsory requirements for goods (works, services), established by federal laws or by taking measures in accordance with normative legal acts (hereinafter also referred to as-mandatory requirements);

event to control the totality of actions of officials of bodies of State control (supervision), related to the verification of the implementation of the legal entity or individual entrepreneur mandatory requirements, implementation of necessary studies (tests) examinations, inspection results and measures based on the results of monitoring activities;
self-regulatory organization is a non-profit organization created by the Association of legal entities and (or) individual entrepreneurs with its primary objective of ensuring the faithful implementation of the professional activities of SRO members.
Article 3. The principles for the protection of rights of legal persons and individual entrepreneurs at carrying out of State control (supervision) the basic principles of protection of rights of legal persons and individual entrepreneurs at carrying out of State control (supervision) are: the presumption of the integrity of the legal entity or an individual entrepreneur;
compliance with international agreements of the Russian Federation;
openness and accessibility to legal entities and individual entrepreneurs of the normative legal acts establishing mandatory requirements, which is checked when carrying out State control (supervision);
the establishment of mandatory requirements of federal laws and accepted in accordance with normative legal acts;
conducting verification activities by the authorized officials of the organs of State control (supervision);
matching the subject of the ongoing monitoring activities of the competence of the authority of State control (supervision);
the frequency and timeliness of carrying out monitoring activities, providing for full and holding it as quickly as possible within the prescribed time limit;
integration of monitoring activities carried out by bodies of State control (supervision);
possibility to appeal actions (inaction) of officials of bodies of State control (supervision), violating the procedure of conducting monitoring activities established by this federal law, other federal laws and accepted in accordance with normative legal acts;
recognition in the manner laid down by federal law, inactive (fully or partly) regulations establishing mandatory requirements, compliance with which is subject to verification, if they do not conform to federal laws;
the removal in full bodies of State control (supervision) of irregularities in the case of recognition of the Court complaint, a legal entity or an individual entrepreneur justified;
responsibility of the institutions of State control (supervision) and their officials in conducting of State control (supervision) for violation of the legislation of the Russian Federation;
inadmissibility of levying bodies of State control (supervision) boards with legal persons and individual entrepreneurs carrying out verification activities, except for reimbursement of State control (supervision) for research (trials) and examinations as a result of which revealed violations of the mandatory requirements;
inadmissibility of direct receipt of bodies of State control (supervision) deductions from the amounts collected from legal entities and (or) individual entrepreneurs as a result of the monitoring activities.
Article 4. Authority of federal bodies of executive power in the field of protection of rights of legal persons and individual entrepreneurs at carrying out of State control (supervision) the definition of federal bodies of executive power, authorized the holding of State control (supervision), their organizational structure, powers, functions and procedure of activities carried out by the President of the Russian Federation or the Government of the Russian Federation in accordance with the Federal Constitutional law "on Government of the Russian Federation".
The authority of federal bodies of executive power in the field of protection of rights of legal persons and individual entrepreneurs at carrying out of State control (supervision) include: the development and implementation of a uniform State policy in the field of protection of rights of legal persons and individual entrepreneurs at carrying out of State control (supervision);
Organization of State control (supervision) in the territory of the Russian Federation, conducted by federal bodies of executive power subordinated State agencies authorized to conduct of State control (supervision);
coordination of activity of bodies of State control (supervision) in the Russian Federation in the sphere of control;
enforcement of international obligations of the Russian Federation;
exercise other powers stipulated by legislation of the Russian Federation.
Article 5. (Repealed-Federal Act of 22/08/2004, no. 122-FZ)

Article 6. (Repealed-Federal Act of 22/08/2004, no. 122-FZ), chap. II. Requirements for the Organization and conduct of VERIFICATION ACTIVITIES UNDER Article 7. The procedure of conducting monitoring activities 1. Monitoring activities are conducted on the basis of orders (orders) of bodies of State control (supervision).
At the disposal of the (order) to conduct monitoring activities include: number and date of the order (the order) on the conduct of monitoring activities;
the name of the body of State control (supervision);
surname, name and title of the person (s) authorized to conduct monitoring activities;
name of the legal person or the surname, forename and patronymic of an individual entrepreneur, being an exercise in control;
goals, objectives and the subject of ongoing monitoring activities;
the legal grounds for carrying out verification activities, including normative legal acts, mandatory requirements which are subject to verification;
date of beginning and end of the event for the control.
Order (order) to conduct monitoring activities or sealed copy presented official responsible for monitoring, event manager or other officer of a legal entity or an individual entrepreneur in conjunction with official identity.
2. Event monitoring can be carried out only by official (s) specified in the order (the order) on conducting monitoring activities.
3. the duration of monitoring activities should not exceed one month.
In exceptional cases involving the need to undertake special studies (tests) examinations with a significant amount of monitoring activities, on the basis of a reasoned proposal of the officer conducting the verification exercise, the head of the authority of State control (supervision) or his Deputy dates monitoring activities could be prolonged but not longer than one month.
4. in order to verify the fulfilment by legal entities and individual entrepreneurs mandatory authority of State control (supervision) within its competence are conducted routine monitoring activities.
Against a legal entity or an individual entrepreneur every body of State control (supervision) routine monitoring of the event can be held no more than once every two years.
In respect of the subject of small business of routine monitoring event may be held no earlier than three years from the moment of its State registration. (The paragraph is supplemented by federal law from 01.10.2003 N 129-FZ), second and third paragraphs, the provisions of this paragraph shall not apply in respect of planned monitoring activities while conducting control over arms trafficking. (The paragraph is supplemented by federal law from 02.07.2005 N 80-FZ)
5. Schedule verification, the subject of which is the follow-up of the implementation of regulations on Elimination of revealed violations shall be subject to the activities of a legal entity or an individual entrepreneur in identifying as a result of planned monitoring violations of the mandatory requirements.
Extraordinary monitoring activities are conducted by bodies of State control (supervision) in cases of: obtaining information from legal persons, individual entrepreneurs, State authorities on the occurrence of an emergency, changes or on violations of the technological processes, as well as the failure of facilities, equipment, which can directly cause harm to life, health, environment and property Wednesday citizens, legal entities and individual entrepreneurs;
threat to the health and life of citizens, pollution Wednesday, damage to property, including in relation to similar goods (works, services) of other legal entities and (or) individual entrepreneurs;
treatment of citizens, legal persons and individual entrepreneurs with complaints of violations of their rights and legitimate interests of other actions (inaction) of legal entities and (or) individual entrepreneurs related to their failure to comply with mandatory requirements, as well as receive other information confirmed by documents and other evidence to demonstrate there is evidence of such violations.
Monitoring activities in the cases established by the third and fourth subparagraphs of this paragraph, may be undertaken by a reasoned decision of the body of State control (supervision), including in relation to other legal entities and individual entrepreneurs, using the corresponding homogeneous goods (works, services) and (or) objects. (As amended by the Federal law dated 01.10.2003 N 129-FZ) not allowing the applicant to the authority of State control (supervision), cannot justify spending an unplanned monitoring activities.

6. In respect of legal persons and individual entrepreneurs-SRO members severally carriers in accordance with the statutes of the subsidiary liability for damage caused by members of the Organization owing to non-compliance with the mandatory requirements of the professional activity, which is the subject of self-regulation, regulates State control (supervision) for conducting routine monitoring activities in respect of 10 per cent of the total number of SRO members, but not less than two members of the self-regulatory organization identified by the choice of the authority of State control (supervision).
The procedure for conducting scheduled monitoring activities with respect to SRO members shall be established by Decree (order) of the authority of State control (supervision) for the treatment of an SRO, which must contain the information confirming membership in self-adjustable organisation and solidary bearing under this paragraph, the subsidiary liability of its members for damage.
In the establishment of arrangements for the planned monitoring activities with respect to SRO members shall be refused if the authority of State control (supervision) in the time of reason spending against its members exceptional monitoring activities.
Decision on refusal in establishing a system of State control (supervision) of an SRO, the decision taken by the head of the authority of State control (supervision) may be appealed in accordance with the established procedure.
7. In the event of violations of the mandatory requirements of SRO members, officials of the authority of State control (supervision) are required to conduct scheduled monitoring activities indicate the self-regulatory organization about detected violations.
In case when carrying out planned activities to control one of SRO members violate the mandatory requirements, the authority of State control (supervision) may decide to conduct unannounced monitoring for any other SRO members.
Violations of the mandatory requirements of SRO members identified by the unplanned control actions justify a decision by the authority of State control (supervision) for rescission of the established order of scheduled monitoring activities with respect to SRO members.
The decision indicating admitted members of the self-regulatory organization violations and circumstances which warrant such action shall be brought by the authority of State control (supervision) in writing to the attention of the self-regulatory organization within three days from the date of its adoption.
8. the peculiarities of conducting monitoring in some areas of State control (supervision) are established by federal laws or rules they subject to the provisions of this federal law.
Article 8. Restrictions when conducting monitoring activities for the control of officials of State control (supervision) shall verify the compliance with mandatory requirements, not falling within the competence of the authority of State control (supervision), on behalf of which the officials;
carry out routine checks in the absence of monitoring activities of officers or employees of the audited entities or individual entrepreneurs or their representatives;
require the submission of documents, information, sampling products, unless they are subject to monitoring and are not relevant to the subject of auditing as well as impound original documents relating to the object of verification;
require samples (samples) products for research (testing) examination without the Act of sampling (sampling) products in the prescribed form and in excess of the standards set by State standards or other normative documents;
disseminate information representing secret protected by the law and obtained as a result of monitoring activities, except for the cases stipulated by the legislation of the Russian Federation;
exceed the timing of the events for the control.
Article 9. The order of the results of the monitoring activities 1. Based on the results of the monitoring activities Officer (s) of the authority of State control (supervision), carrying out checks, the statement is drawn up in duplicate in the prescribed form.
The Act shall indicate: the date, time and place of preparation of the report;
the name of the body of State control (supervision);
date and number of orders on the basis of which the control event;
surname, name and title of the person (s) who carried out the verification exercise;

the name is validated by the legal person or the surname, name, patronymic of the individual businessman, surname, name, patronymic name, the post of the representative of a legal entity or individual entrepreneur's representative present when conducting enforcement activities;
date, time and place of the verification activities;
information about the results of the monitoring activities, including violations, their nature, as to which individuals are held responsible for committing these violations;
information disclosure or refusal to act, the representative of a legal entity or an individual entrepreneur, as well as persons who were present when conducting enforcement activities, their signature or signature;
the signature of the person (s) who made the event for the control.
The Act is attached acts on sampling (sampling) of products, environmental objects survey Wednesday, protocols (opinions) conducted studies (tests) and expert explanations of officials of State control (supervision), employees are responsible for violations of mandatory requirements and other documents or copies thereof, associated with the results of the monitoring activities.
2. One copy of the application shall be served with copies of the head of the legal person or his Deputy and an individual entrepreneur or their representatives, a receipt is sent either by postal communication with acknowledgment of receipt, which is attached to an instance of the Act, the remaining in the body of State control (supervision).
3. If as a result of monitoring activities of administrative offence by an official body of State control (supervision) shall be drawn up in accordance with the legislation of the Russian Federation on administrative offences and provides instruction on Elimination of revealed violations.
4. the results of monitoring activities, containing information constituting State secrets are in compliance with the requirements provided by legislation of the Russian Federation on the protection of State secrets.
5. legal persons and individual businessmen are accounting log monitoring.
Accounting log monitoring by an official body of State control (supervision) to write about the event for the control that contains information about the designation of the authority of State control (supervision), date, time of monitoring activities, on legal grounds, the goals, objectives and subject of monitoring activities on identified violations drawn up protocols on administrative offences and of the regulations, as well as the surname, first name , a middle name, title of the person (s) who control event, and its (their) signature.
Log monitoring activities should be flashed, numbered and certified with the seal of a legal entity or an individual entrepreneur.
In the absence of monitoring log in the Act, drawn up according to the results of monitoring activities, an appropriate entry is made.
Article 10. Measures taken by officials of the State control (supervision) for violations identified in conducting enforcement activities 1. If you identify as a result of monitoring violations of the legal entity or individual entrepreneur mandatory requirements of officials of State control (supervision) within the limits of the powers conferred by the legislation of the Russian Federation, must take steps to monitor the Elimination of revealed violations, prevention, preventing possible harm to life, health, environment and property Wednesday, as well as measures to bring the perpetrators to justice.
2. In case when carrying out monitoring activities will be established that the goods (work, services) may cause harm to the life, health, environment and property Wednesday, consumer body of State control (supervision) is obliged to bring to the attention of consumers of information on dangerous goods (work, service), on how to prevent possible harm to take measures to prevent harm. (As amended by federal law from 09.05.2005 N 45-FZ)
3. the authority of State control (supervision) may apply to the Court with a demand for reimbursement of studies (tests) and examinations as a result of which revealed violations of the mandatory requirements.
Article 11. Duties of officials of bodies of State control (supervision) monitoring activities officials of State control (supervision) monitoring activities required to: make timely and fully perform the provided in accordance with the legislation of the Russian Federation the powers to prevent, detect and suppress violations of the mandatory requirements;
to comply with the legislation of the Russian Federation, the rights and legitimate interests of legal entities and individual entrepreneurs;

to carry out monitoring activities on the basis of and in strict accordance with the instructions issued by the bodies of State control (supervision) to hold monitoring in accordance with article 8 hereof;
access to the objects (territory and premises) of legal entities and individual entrepreneurs in order to conduct monitoring activities only during execution of official duties upon presentation of i.d. and dispose of bodies of State control (supervision) to conduct monitoring activities;
not to interfere with the representatives of a legal entity or an individual entrepreneur to be present when conducting enforcement activities, provide clarifications on matters relevant to the inspection;
to provide officials of a legal entity or individual entrepreneurs or their representatives present at the conduct of monitoring activities relating to the subject of the verification of the required information;
acquaint the officials of a legal entity or an individual entrepreneur or their representatives with the results of monitoring activities;
in determining the measures taken on the facts disclosed violations, affinity of the gravity of the violations and their potential danger to life, health, environment and property Wednesday, as well as to prevent undue restrictions on the rights and lawful interests of citizens, legal persons and individual entrepreneurs;
to prove the legality of their actions when they appeal against legal entities and individual entrepreneurs in accordance with the legislation of the Russian Federation.
Article 12. Responsibility of the institutions of State control (supervision) and their officials in conducting the monitoring bodies of State control (supervision) and their officials in case of improper execution of their functions and duties in conducting monitoring, fulfillment of illegal actions (inactivity) shall bear responsibility in accordance with the legislation of the Russian Federation.
On measures taken against officials responsible for violations of the legislation of the Russian Federation, bodies of State control (supervision) are obliged to inform within one month the legal entity and (or) individual entrepreneur, rights and legitimate interests are violated.
CHAPTER III. The RIGHTS of LEGAL PERSONS and individual entrepreneurs at CARRYING OUT of State control (supervision) and their PROTECTION of Article 13. The rights of legal persons and individual entrepreneurs at carrying out monitoring activities 1. Officials and (or) the representatives of legal entities and individual entrepreneurs and (or) their representatives while conducting monitoring activities have the right to be present during the verification activities, to give explanations on matters relevant to the inspection;
receive information that provided for in this federal law and other normative legal acts;
get acquainted with the results of the monitoring activities and to indicate in the acts of his acquaintance consent or disagree with them, as well as with individual actions of officials of bodies of State control (supervision);
appeal against the actions (inaction) of officials of bodies of State control (supervision) in the administrative and/or judicial procedure in accordance with the legislation of the Russian Federation.
2. Legal entities and individual entrepreneurs provide on demand of the authority of State control (supervision) the presence of its officials responsible for organizing and carrying out activities in fulfilment of the mandatory requirements, and (or) their representatives to conduct monitoring activities.
Article 14. The right of legal persons and individual entrepreneurs to damages incurred in carrying out State control (supervision) 1. Harm caused by the legal person and the individual businessman as a consequence of the actions (inaction) of officials of bodies of State control (supervision) when performing State control (supervision), recognized in the manner prescribed by the legislation of the Russian Federation, illegal, non-refundable in accordance with civil law.
2. In determining the amount of damages caused by a legal entity or an individual entrepreneur unlawful actions of officials of the authority of State control (supervision), also include the cost of a legal entity or an individual entrepreneur charged to cost of production (works, services) or the financial results of its activity, as well as costs, which are a legal entity or an individual entrepreneur, whose rights have been violated, fired or will have to make to obtain legal or other professional assistance.
Article 15. State protection of the rights of legal persons and individual entrepreneurs at carrying out of State control (supervision)

1. protecting the rights of legal persons and individual entrepreneurs at carrying out of State control (supervision) is the administrative and/or judicial procedure in accordance with the legislation of the Russian Federation.
2. Appeals actions (inaction) of bodies of State control (supervision) and their officials shall be subject to review in accordance with the legislation of the Russian Federation.
3. Normative-legal acts adopted by bodies of State control (supervision) in violation of the legislation of the Russian Federation, shall be recognized as invalid either fully or partially in the manner prescribed by the legislation of the Russian Federation.
Article 16. Public protection of rights of legal persons and individual entrepreneurs at carrying out of State control (supervision) organizations, regardless of their organizational and legal forms are entitled in accordance with the statutes to protect the rights and legitimate interests of legal entities and individual entrepreneurs in accordance with the legislation of the Russian Federation.
Association of legal entities and individual entrepreneurs, as well as other non-profit organizations are entitled to: apply to the organs of the Procurator's Office with requests to bring the protests to the contrary to law the normative legal acts of the federal bodies of executive power, normative legal acts of the executive authorities of the constituent entities of the Russian Federation and the normative legal acts of local self-government bodies;
to go to court to protect the rights of legal entities and individual entrepreneurs, including the protection of the rights of the undefined terms of legal entities and individual entrepreneurs.
Article 17. Liability of legal persons and individual entrepreneurs for violation of this federal law legal entities, their officers, individual entrepreneurs, their employees and their representatives involved in the violation of this federal law, unduly impeding the activities of control and (or) do not comply with the requirements within the prescribed period, the ruling bodies of State control (supervision) on Elimination of revealed violations, shall bear responsibility in accordance with the legislation of the Russian Federation.
Article 18. Method of entry into force of this federal law 1. This federal law shall enter into force on the day of its official publication.
2. With the entry into force of this federal law normative-legal acts acting on the territory of the Russian Federation, to bring them into compliance with this federal law applies to the extent that they do not contradict this federal law.
3. invite the President of the Russian Federation to bring its normative acts in compliance with this federal law.
4. To instruct the Government of the Russian Federation to bring its normative acts in compliance with this federal law.
The President of the Russian Federation v. Putin Kremlin, Moscow August 8, 2001 N 134-FZ