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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Spconsumed by Federal Law N 294-FZ RUSSIAN FEDERATION FEDERAL LAW On Protection of the Rights of Legal Persons and Individual Entrepreneurs in State Control (Supervision) Adopted by the State Duma on July 14, 2001 (In the federal laws , 30.10.2002 N 132-FZ; of 10.01.2003 N 17-FZ; dated 01.10.2003 N 129-FZ; of 22.08.2004 N 122-FZ; of 09.05.2005 N 45-FZ; of 02.07.2005 N 80-FZ; of 31.12.2005 N 206-FZ; of 30.12.2006 N 266-FZ; of 22.12.2008 N 272-FZ) The purpose of this Federal Law is to protect the rights of legal entities and individual entrepreneurs in federal executive bodies, the executive authorities of the entities The Russian Federation for State Control (Supervision). CHAPTER I. GENERAL PROVISIONS Article 1. The scope of application of this Federal Law 1. This Federal Law regulates relations in the field of protection of the rights of legal persons and individual entrepreneurs in the conduct of state control (supervision) by federal executive authorities, executive authorities OF THE PRESIDENT OF THE RUSSIAN FEDERATION THE RUSSIAN FEDERATION 2. This Federal Act does not apply to monitoring activities that do not require the interaction of State control (supervision) with legal entities or individual entrepreneurs and are not assigned to them. The obligation to provide information and compliance with the requirements of the State control (supervision), as well as to the monitoring activities carried out against legal entities and individual entrepreneurs on their initiative. 3. The provisions of this Federal Act do not apply to the relationship of: tax control; currency control; budget control; banking and insurance supervision; and Other types of special State control over the activities of legal entities and individual entrepreneurs in the financial market; OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation); State control (supervision) by the administrations of seaports, river ports and airport civil aviation authorities on the territories of these ports; dated 10.01.2003 N 17-FZ) Customs control; (Paragraph 10 is no more effective-Federal Law of 30.12.2006) g. N 266-FZ) (Paragraph 11 has become invalid-Federal Law of 02.07.2005) N 80-FZ ) safety control in the use of atomic energy; controls for the protection of State secrets; (New paragraph 12 added-Federal law dated 30.10.2002 N 132-FZ ) Sanitary and quarantine, phytosanitary and veterinary control in the border crossing points of the State border of the Russian Federation; OF THE PRESIDENT OF THE RUSSIAN FEDERATION and Justice; Metrological control (supervision); State building supervision; (Paragraph is added-Federal Law from 31.12.2005 N 206-FZ ) State control over private detective and security activities. (Paragraph is amended by the Federal Law of 22 December 2008). N 272-FZ 4. This Federal Act sets out: the procedure for carrying out monitoring activities carried out by State control bodies (supervision); the rights of legal persons and individual entrepreneurs State control (supervision), measures to protect their rights and legitimate interests; the duty of the State control (supervision) and their officials to carry out monitoring activities. 5. If an international treaty of the Russian Federation provides for rules other than those established by this Federal Law, the rules of the international treaty shall apply. Article 2: Basic concepts used in this Federal Law For the purposes of this Federal Act, the following basic concepts are used: State control (supervision)- Verification of compliance by a legal person or individual entrepreneor in the performance of their activities with mandatory requirements for goods (works, services) established by federal laws or in accordance with regulations legal acts (hereafter also mandatory requirements); Control-a collection of actions by government officials (supervision) related to the conduct of a check of compliance by a legal entity or an individual entrepreneer of the mandatory requirements, implementation required research (testing), expertise, verification results and follow-up action; self-regulating organization is a non-profit organization created by association Legal entities and (or) individual entrepreneurs with The main aim is to ensure the integrity of the professional activities of members of the self-regulating organization. Article 3. Principles for the protection of the rights of legal persons and individual entrepreneurs under State control (supervision) Basic principles for the protection of the rights of legal persons and individual entrepreneurs in the conduct of State control (supervision) are: presumption of integrity of a legal person or individual entreprene; compliance with international treaties of the Russian Federation; Openness and accessibility for legal entities and individual entrepreneurs of regulatory legal acts establishing mandatory requirements for which compliance is checked in the conduct of State control (supervision); the establishment of mandatory requirements by federal laws and regulations adopted in compliance with legal acts; control by authorized officials of State control bodies (supervision); concordat the subject of an ongoing monitoring exercise The competence of the State supervisory authority (supervision); The frequency and speed of the verification exercise, which provides for the full and maximally rapid implementation of the exercise; State control (supervision); the possibility of appealing against actions (omissions) of officials of State control bodies (supervision) which violate the procedure for monitoring activities established by this Federal Act. by law and by other federal laws and regulations legal acts; Recognition in accordance with the procedure established by federal law which establishes (in whole or in part) regulatory legal acts establishing mandatory requirements for which compliance is required check if they do not comply with federal laws; eliminate in full the State control (supervision) of admitted violations if the court recognizes a complaint by a legal entity or an individual entrepreneor justified; responsibility of public authorities Control (supervision) and their officials in the conduct of State control (supervision) for violation of Russian legislation; Individual entrepreneurs for carrying out monitoring activities, except in cases of reimbursement of State control (supervision) costs for carrying out research (tests) and expert examinations that have revealed violations required; invalid The direct receipt by the State control (supervision) of deductions from amounts recovered from legal entities and (or) individual entrepreneurs as a result of monitoring activities. Article 4. Powers of the federal organs of the executive power in the field of protection of the rights of legal entities and individual entrepreneurs in the conduct of State control (supervision) Definition OF THE PRESIDENT OF THE RUSSIAN FEDERATION THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION The powers of the federal executive authorities in the field of protection of the rights of legal persons and individual entrepreneurs in the conduct of state control (supervision) include: development and implementation One State policy for the protection of the rights of legal persons and individual entrepreneurs in the conduct of State control (supervision); State control (supervision) in the territory of the Russian Federation; by the federal executive authorities, under the authority of the State agencies responsible for the conduct of State control (supervision); coordination of the activities of the State control bodies (supervision) in the Russian Federation in the relevant sphere OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 5.(Overtaken by Federal Law of 22.08.2004) N 122-FZ) Article 6.(Unused-Federal Law of 22.08.2004) N 122-FZ CHAPTER II. { \b } { \b } { \b } { \b } { \b } { \b Order of control activities 1. Control activities are carried out on the basis of orders (orders) of the State control (supervision). The control activity (order) specifies: the number and date of the order (order) to carry out the verification exercise; the name of the State control body (supervision); Name, patronymic and position of person (s) authorized to carry out the verification exercise; name of the legal person or surname, first name, patronymic of the individual entrepreneor monitoring activity; goals, objectives, and subject matter Control activities; The legal basis for the verification exercise, including statutory instruments whose mandatory requirements are subject to inspection; the date of commencement and completion of the verification exercise. An order (order) to conduct a verification exercise or a certified copy thereof shall be made by the official conducting the verification exercise, the head or other official of the legal person, or to an individual entrepreneu at the same time as the service permit. 2. The monitoring exercise may be carried out only by the official (s) referred to in the order (s) for the conduct of the verification exercise. 3. The duration of the verification exercise shall not exceed one month. In exceptional cases involving the need to conduct special studies (tests), expert examinations with a significant amount of control activities, based on a reasoned proposal of the official conducting the investigation The monitoring exercise, the head of the State control (supervision), or his deputy, may be extended, but not for more than one month. 4. In order to verify compliance by legal entities and individual entrepreneurs with the mandatory requirements of the State control (supervision), planned monitoring activities are carried out within the limits of their competence. With respect to one legal entity or individual entrepreneor by each body of State control (supervision), a planned verification exercise can be carried out no more than once every two years. With respect to a small business subject, a planned verification exercise may take place no earlier than three years from the date of its state registration. (The paragraph is supplemented by the Federal Law of 01.10.2003). N 129-FZ) The provisions of the second and third paragraphs of this paragraph do not apply to planned control activities in the control of arms trafficking. (The paragraph is amended by the Federal Law of 2 July 2005). N 80-FZ 5. An exceptional inspection, the subject of which is the control of the enforcement of the identified violations, is subject to the activity of a legal entity or individual entrepreneor when identified as a result of a planned monitoring exercise. violations of the mandatory requirements. [ [ State control]] [ [ control]] s also in cases of: receiving information from legal entities, individual entrepreneurs, public authorities of emergency situations, changes or violations of technological processes, as well as the breakdown of structures, equipment that can directly harm the lives, health, environment and property of citizens, legal entities and individual entrepreneurs; Threats to the health and life of citizens, pollution of the environment, damage to property, including with regard to homogeneous goods (works, services) of other legal persons and (or) individual entrepreneurs; Persons and individual entrepreneurs who have complained of violations of their rights and legitimate interests by the actions (inaction) of other legal persons and (or) individual entrepreneurs related to their failure to comply with the mandatory requirements, as well as receiving Other information, as confirmed by documents and other evidence, indication that there are signs of such violations. Control activities in cases established by paragraphs 3 and 4 of this paragraph may be carried out on the basis of a reasoned decision of the State control body (supervision), including in respect of other legal persons and individual entrepreneurs who use the corresponding homogeneous goods (work, services) and (or) objects. (In the wording of the Federal Law of 01.10.2003) N 129-FZ Referencing persons who do not apply to the State control (supervision) cannot serve as a basis for an exceptional monitoring exercise. 6. With respect to legal entities and individual entrepreneurs, members of a self-regulated organization, in solidarity with the statutory instruments subsidiary liability for damage caused by members of the said organization due to Failure to comply with the mandatory requirements for professional activities of self-regulation establishes the State control (supervision) procedure, which provides for routine monitoring activities in the State 10 per cent of the total number of members organizations, but not less than two members of a self-regulating organization defined by the choice of a State control (oversight) body. The procedure for conducting scheduled monitoring of members of a self-regulating organization is established by an order of the State Control Authority (order) on the application of the self-regulating organization which should contain information confirming the membership of a self-regulating organization and the solidarity of its members ' subsidiary liability under this paragraph. In establishing the procedure for scheduled monitoring of members of a self-regulating organization, the existence of a State control (supervisory) authority may be refused at the time of the application of the grounds of Its members are subject to unplanned monitoring activities. The decision to refuse to establish the state control (supervision) of a self-regulating organization, as adopted by the head of the State control authority (supervision), can be appealed in due course. 7. In case of detection of violations of compulsory requirements by members of a self-regulating organization, the officials of the State control (supervision) must inform the self-regulating organization about the planned monitoring activities. Identiidentified violations. In the event that a member of a self-regulating organization is allowed to breach compulsory requirements, a member of the State control (supervision) may decide to conduct unscheduled monitoring of any other members of a self-regulating organization. Violations of mandatory requirements by members of a self-regulating organization identified in unscheduled monitoring activities are the basis for a decision by the State control (supervisory) body to set aside the arrangements for planned monitoring of members of a self-regulating organization. The decision adopted, with an indication of the violations and circumstances of the members of the self-regulating organization that led to the decision, is brought to the attention of the State control body (supervision) in writing a self-regulating organization within three days from the date of its adoption. 8. The peculiarities of the control measures in certain spheres of state control (supervision) are established by federal laws or in accordance with the procedure prescribed by them, taking into account the provisions of this Federal Law. Article 8. Restrictions on control activities When conducting control activities, government officials (supervision) may not: check compliance with non-compliance requirements The competence of the State control (supervision) body, on whose behalf the officials are acting; to conduct routine checks in the absence of officials or employees inspected during the absence of checks legal entities or individual entrepreneurs or their Representatives; Require the submission of documents, information, samples (samples) of products, if they are not objects of control and are not subject to verification, and to remove original documents relating to the object of the test; Require samples (samples) of products for their research (tests), expert examinations without having to process the sample (s) of the products in the prescribed form and in quantities exceeding the standards set by the State standards or other regulatory instruments; Disseminate information that is protected by law and obtained as a result of monitoring activities, except as provided by the legislation of the Russian Federation; The timing of the monitoring exercise. Article 9. { \cs6\f1\cf6\lang1024 } Control { \cs6\f1\cf6\lang1024 } { \b } As a result of the exercise of control by the official (s) of the State control (s) conducting the inspection, the act of the prescribed form shall be drawn up in two copies. The act specifies: the date, time, and location of the act; the name of the state control authority (supervision); the date and number of the order under which the control was conducted; name, patronymic and title of person (s) who carried out the control activity; name of the legal entity under review or surname, first name, patronymic of individual entrepreneor, surname, first name, patronymic, title a representative of a legal person or a representative of an individual The employer who was present at the monitoring exercise; the date, time and location of the verification exercise; the results of the verification exercise, including the irregularities detected, The nature of the persons who are responsible for committing these violations; details of the acquaintance or refusal to acquaint itself with the act of the representative of a legal person or an individual entrepreneor, as well as persons, who were present at the exercise of control, their signature or the rejection of a signature; the signature of the official (s) who carried out the verification exercise. Act on the selection of samples (samples) of products, the examination of environmental objects, the protocols (conclusions) of the studies (tests) and examinations, the explanations of the officials of the State control authorities (a), (b), (c), (c), (b), (c), (c), (c), (c), (b), (c), (c), (b), (c), (b), (c), (b 2. A copy of the act with copies of the annexes shall be handed to the head of the legal person or his or her deputy and to the individual entrepreneor or their representatives under receipt or by means of a postal service with a notification of service which shall be attached to the copy of the act remaining in the case of the State control (supervision). 3. In case of detection of an administrative offence by an official of the State control (supervision) as a result, the protocol is drawn up in accordance with the procedure established by the legislation of the Russian Federation Administrative offences and orders for the elimination of the violations identified. 4. The results of the verification exercise, which contain information constituting State secrets, are processed in accordance with the requirements laid down in the legislation of the Russian Federation for the protection of State secrets. 5. Legal entities and individual entrepreneurs maintain a register of control activities. In the register of control activities by an official of the State control authority (supervision), a record is made of the inspection exercise containing information on the name of the State control (supervision) body; the date, time of the verification exercise, the legal grounds, objectives, tasks and object of the verification exercise, the violations identified, the protocols drawn up, the administrative offences and the regulations issued, and the regulations issued. (a) The name, address, and location of the person (s) The verification exercise and its (their) signature. The Verification Journal must be completed, numbered and certified by a legal person or sole proprio. In the absence of an audit journal, an audit record is made in an audit activity. Article 10. Measures taken by officials of the State control (oversight) of facts of violations found in control event 1. In the event of the monitoring of violations by a legal entity or an individual entrepreneor, the officials of the State control bodies (supervision) within the limits of the powers provided for in the Act are subject to mandatory requirements. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The perpetrators of violations are accountable. 2. In the event that a control activity is established that the goods (work, service) may cause harm to the life, health, environment and property of consumers, the state control (supervision) authority is obliged to inform consumers are informed about the dangerous goods (work, service), how to prevent possible harm, and take measures to prevent harm. (In the wording of the Federal Law of 09.05.2005) N 45 FZ 3. The State control (supervisory) body may apply to the court for the costs of studies (tests) and examinations which have revealed breaches of the mandatory requirements. Article 11. Duties of the officers of the organs of the State control (oversight) of control activities officials of State control bodies (supervision) in carrying out monitoring activities It is the duty of: to fully implement the powers granted under the Russian legislation to prevent, detect and prevent violations of mandatory requirements; OF THE PRESIDENT OF THE RUSSIAN FEDERATION legal entities and individual entrepreneurs; to carry out monitoring activities on the basis of, and in strict compliance with, the control (supervision) orders of the conduct of control activities, Article 8 of this Federal Law; to visit facilities (territories and premises) of legal persons and individual entrepreneurs for the purpose of conducting control activities only during the performance of official duties in the production of official documents and orders of organs State control (supervision) of the conduct of the verification exercise; do not prevent representatives of the legal person or individual entrepreneor from attending the monitoring exercise, providing explanations on the Matters relating to the subject of verification; To provide officials of a legal entity or individual entrepreneurs or their representatives to the verification exercise relating to the subject matter of the audit required information; acquaint officials the legal entity or individual entrepreneor or their representatives with the results of monitoring activities; , in determining the measures taken on the facts of the violations identified, to take into account the conformity of these measures with the gravity of the violations, the potential danger to life, human health, the environment and property, and to prevent unreasonable restrictions on the rights and legitimate interests of citizens, legal entities and individual entrepreneurs; their actions, when challenged by legal entities and individual In accordance with the procedure established by the legislation of the Russian Federation. Article 12. The responsibility of the State control (supervision) and their officials in the control activities of the State control (oversight) bodies and their officials in the event of improper use In the exercise of their functions and duties in carrying out monitoring activities, the commission of unlawful acts (omissions) are liable under the law of the Russian Federation. On measures taken against officials responsible for violations of the legislation of the Russian Federation, State control bodies (supervision) are obliged to inform the legal entity and (or) an individual within one month. The entrepreneu, whose rights and legitimate interests have been violated. Chapter III. RIGHTS OF LEGAL PERSONS AND INDIVIDUAL ENTREPRENEURSHIP RIGHTS OF THE STATE CHECKLIST (OVERSIGN) AND THEIR PROTECTION Article 13. The rights of legal persons and individual entrepreneurs in the control activities 1. Officials and/or representatives of a legal person and individual entrepreneurs and (or) their representatives in the conduct of control activities have the right: to be directly present in the conduct of control activities; Provide explanations on issues related to the subject of verification; obtain information provided for by this Federal Law and other regulatory legal acts; Verification activities and the indication in the acts of their knowledge, consent or Disagreement with them, as well as certain actions of officials of State control (supervision); to appeal against actions (omissions) of officials of the State control (supervision) in the administrative and (or) OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. Legal persons and individual entrepreneurs shall ensure, at the request of the State control (supervision) body, the presence of its officials responsible for organizing and carrying out activities for the implementation of the mandatory requirements, and (or) their representatives in the conduct of verification activities. Article 14. The right of legal persons and individual entrepreneurs to compensate for losses incurred in the conduct of State control (supervision) 1. Injury caused to the legal entity and the individual entrepreneor as a result of the actions (omissions) of officials of the State control (supervision) in the conduct of State control (supervision), recognized in accordance with the procedure established by the law. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. In determining the amount of damages caused to a legal person or an individual entrepreneu by the misconduct of the officials of the State control (supervision), the expenses of the legal entity or individual is taken into account. Businessmen who are attributable to the cost of production (works, services) or financial results of his or her activities, as well as the costs that a legal person or individual entreprenely, whose rights have been violated, produced or will have to produce for Legal or other professional assistance. Article 15. State protection of the rights of legal persons and individual entrepreneurs under State control (supervision) 1. The protection of the rights of legal persons and individual entrepreneurs in the conduct of State control (supervision) is carried out in administrative and/or judicial proceedings in accordance with the legislation of the Russian Federation. 2. Applications for review of actions (omissions) of the State control (supervision) and their officials shall be subject to review in accordance with the procedure established by the legislation of the Russian Federation. 3. The legal acts adopted by the State monitoring bodies (supervision) in violation of the Russian Federation's legislation shall be declared invalid in whole or in part, in accordance with the procedure established by the legislation of the Russian Federation. Article 16. Public protection of the rights of legal persons and of the individual entrepreneurs under the State control (supervision) of the Organization, regardless of the organizational and legal forms, is entitled to by the statutory instruments to protect the rights and legitimate interests of legal entities and individual entrepreneurs in accordance with the procedure established by the legislation of the Russian Federation. Federations of legal entities and individual entrepreneurs, as well as other non-profit organizations, have the right: to request the procuratorial authorities to bring protests against normative legal acts contrary to the law OF THE PRESIDENT OF THE RUSSIAN FEDERATION rights of individual entrepreneurs, including in the defence of human rights of an uncertain circle of legal entities and individual entrepreneurs. Article 17. Liability of legal persons and individual entrepreneurs for violation of this Federal Law Legal entities, their officials, individual entrepreneurs, their employees and their employees Representatives who have committed violations of this Federal Act, which unduly impede the conduct of control activities and (or) non-compliance, regulations of the State control bodies (supervision) to remedy the violations identified, are liable to OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 18. The procedure for the entry into force of this Federal Law 1. This law shall enter into force on the date of its official publication. 2. Since the enactment of this Federal Law, the regulations in force in the territory of the Russian Federation have been applied in part not contrary to the present Federal Act. The federal law. 3. Invite the President of the Russian Federation to bring his normative legal acts into conformity with this Federal Law. 4. To instruct the Government of the Russian Federation to bring its normative legal acts into conformity with this Federal Law. President of the Russian Federation Vladimir Putin Moscow, Kremlin 8 August 2001 N 134-FZ