Article 1253. Liability legal entities and individual entrepreneurs for violations of exclusive rights If a legal entity repeatedly or grossly violates exclusive rights on results intellectual activity and on means of individualization, the court

ARTICLE 1253. Liability of legal entities and individual entrepreneurs for violations of exclusive rights If a legal entity repeatedly or grossly violates exclusive rights to the results of intellectual activity and to means of individualization, the court

84. The concept of protection of rights and legitimate interests entrepreneurs Protection of the rights and legitimate interests of entrepreneurs is one of the most important functions of law. Among the main principles civil law refers to: the need for unhindered

Chapter 4. Principles of judicial protection of the rights and interests of citizens There is a court in the Russian Federation general jurisdiction(hereinafter referred to as the court) and the arbitration court. The system of courts of general jurisdiction currently consists of three levels (links): district (city) courts; courts

Protection of the rights of entrepreneurs

6. General principles of rights protection Make up the protocol. What to do? 1. Carefully read everything that the inspector writes in the protocol. 2. Write your explanations right into the minutes: you have the right to do so. Let me explain: “explanation” is the columns in the protocol itself, they are called

In accordance with the Federal Law of December 26, 2008 N 294-FZ "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs when Exercising state control(supervision) and municipal control ", a planned control measure in relation to one legal entity or individual entrepreneur can be carried out no more than once every three years.

In relation to a small business entity, a planned control measure can be carried out no earlier than three years from the moment of its state registration.

Unscheduled activities.

An unscheduled inspection, the subject of which is control over the execution of orders to eliminate the identified violations, is subject to the activities of a legal entity or individual entrepreneur when violations of mandatory requirements are revealed as a result of a planned control measure.

The basis for an unscheduled inspection is:

The expiration of the term for the execution by a legal entity, an individual entrepreneur of a previously issued order to eliminate the revealed violation of mandatory requirements and (or) requirements established by municipal legal acts;

Submission to state control (supervision) bodies, municipal control bodies of appeals and applications of citizens, including individual entrepreneurs, legal entities, information from bodies state power, local government bodies, from the media on the following facts:

the emergence of a threat of harm to life, health of citizens, harm to animals, plants, environment, objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation, state security as well as threats emergencies natural and technogenic character;

causing harm to life, health of citizens, harm to animals, plants, environment, objects cultural heritage(historical and cultural monuments) of the peoples of the Russian Federation, state security, as well as the occurrence of natural and man-made emergencies;

violation of consumer rights (in the case of citizens whose rights have been violated);

The order (order) of the head of the state control (supervision) body, issued in accordance with the instructions of the President of the Russian Federation, the Government of the Russian Federation and on the basis of the request of the prosecutor to conduct an unscheduled inspection in the framework of supervision over the implementation of laws on the materials and appeals received by the prosecutor's office.

Appeals that do not allow to identify the person who applied to the state control (supervision) body cannot serve as a basis for an unscheduled control measure.

Persons of state control (supervision) bodies, when carrying out control measures, are not entitled to:

Check the fulfillment of requirements that are not within their competence;

Realize scheduled inspections in the absence of officials or employees of the audited legal entities or individual entrepreneurs or their representatives during the events;

Require the submission of documents, information, samples (samples) of products, if they do not relate to the subject of inspection, as well as seize the originals of documents related to the subject of inspection;

Require samples (samples) of products for examination without drawing up an appropriate act;

Disseminate information constituting a secret protected by law, obtained as a result of control measures;

Exceed the established timeframes for carrying out control measures.

The duration of the control measure should not exceed twenty days and in exceptional cases may be extended, but not more than twenty days.

Rights of legal entities and individual entrepreneurs when carrying out control measures:

To be directly present during the control measures, to give explanations;

To get acquainted with the results of control measures and indicate in the acts of your acquaintance, consent or disagreement with them, as well as with separate actions officials of state control (supervision) bodies;

Appeal against actions (inaction) officials state control bodies in the administrative and (or) judicial procedure.

It is unacceptable for state control (supervision) bodies to charge fees from legal entities and individual entrepreneurs for control measures, except for cases of reimbursement of expenses of state control bodies for conducting research (tests) and examinations, as a result of which violations of mandatory requirements were revealed.

The law does not apply to control measures:

When conducting which, interaction of state control (supervision) bodies with legal entities and individual entrepreneurs is not required and they are not obliged to provide information and fulfill the requirements of state control (supervision) bodies;

Conducted in relation to legal entities and individual entrepreneurs on their initiative.

The provisions of the law do not apply to relations related to the conduct:

Tax control;

Currency control;

Budgetary control;

Banking and insurance supervision, as well as other types of special state control over the activities of legal entities and individual entrepreneurs in the financial market;

Transport control;

State control (supervision) by the administrations of sea and river ports and civil aviation inspection services of airports in the territories of these ports;

Customs control;

Immigration control;

Licensing control;

Safety control in the use of atomic energy;

Sanitary and quarantine, quarantine phytosanitary and veterinary control at the crossing points of the State Border of the Russian Federation;

Control of facilities recognized as dangerous in accordance with the legislation of the Russian Federation, as well as especially important and sensitive facilities, the list of which is established by the Government of the Russian Federation;

Operational-search measures, inquiry, preliminary investigation, prosecutorial supervision and justice;

State metrological control.

Chapter 1. General Provisions

164-FZ of Article 1 of this Federal law changes have been made that come into force thirty days after the day of the official publication of the said Federal Law

365-ФЗ dated January 1, 2010 amended part 1 of Article 1 of this Federal Law.The amendments shall enter into force on January 1, 2010.

1. This Federal Law regulates relations in the field of organization and implementation of state control (supervision), municipal control and protection of the rights of legal entities and individual entrepreneurs in the implementation of state control (supervision), municipal control.

2. This Federal Law establishes:

1) the procedure for organizing and conducting inspections of legal entities, individual entrepreneurs by bodies authorized to exercise state control (supervision), municipal control;

2) the procedure for interaction of bodies authorized to exercise state control (supervision), municipal control, in organizing and conducting inspections;

3) the rights and obligations of the bodies authorized to exercise state control (supervision), municipal control, their officials during inspections;

4) the rights and obligations of legal entities, individual entrepreneurs in the implementation of state control (supervision), municipal control, measures to protect their rights and legitimate interests.

224-FZ of July 21, 2012, amended part 3 of Article 1 of this Federal Law shall enter into force upon the expiration of 180 days after the day of the official publication of the said Federal Law

Federal Law No. 65-FZ of April 22, 2010 amended part 3 of Article 1 of this Federal Law.The amendments shall enter into force upon the expiration of ninety days after the day of the official publication of the said Federal Law

Federal Law No. 365-FZ of December 27, 2009 amended part 3 of Article 1 of this Federal Law.The amendments shall enter into force on January 1, 2010.

60-FZ of July 31, 2006 amended part 3 of Article 1 of this Federal Law

3. The provisions of this Federal Law establishing the procedure for organizing and conducting inspections do not apply to control measures, during which the interaction of bodies authorized to exercise state control (supervision) is not required (hereinafter also referred to as state control (supervision) bodies, bodies municipal control), and legal entities, individual entrepreneurs and these persons are not obliged to provide information and fulfill the requirements of state control (supervision) bodies, municipal control bodies, to the actions of state control (supervision) bodies in sending requests for information required in violation cases antitrust law The Russian Federation, control over the implementation of foreign investment, control over economic concentration, market analysis, in determining the state of competition, as well as to action government agencies when conducting operational-search measures, conducting an inquiry, conducting a preliminary investigation, exercising prosecutorial supervision and justice, conducting administrative investigation, financial control and financial and budgetary supervision, tax control, currency control, control over the payment of insurance premiums to state extra-budgetary funds, control on financial markets, banking and insurance supervision, control over compliance with the requirements of the legislation of the Russian Federation on combating the legalization (laundering) of proceeds from crime and financing of terrorism, the legislation of the Russian Federation on combating illegal the use of insider information and market manipulation, investigation of the causes of natural and man-made emergencies, infectious and mass non-infectious diseases or poisoning, industrial accidents, the implementation of state control at checkpoints across the State border of the Russian Federation.

N 191-FZ

Federal Law No. 365-FZ of December 27, 2009 amended part 4 of Article 1 of this Federal Law.The amendments shall enter into force on January 1, 2010.

Federal Law No. 60-FZ of April 28, 2009 amended part 4 of Article 1 of this Federal Law

4. Features of the organization and conduct of inspections in the implementation of customs, antimonopoly, export control, control and supervision in the field of migration, control in the field of advertising, state control (supervision) over the activities of self-regulatory organizations, license control, state control and supervision in the field of ensuring transport security, state construction supervision, control and state supervision in the field of communications, control in the field of circulation and protection of information, control and supervision over ensuring the protection of state secrets, state control over the regulation of prices (tariffs) and surcharges thereto, control over compliance with information disclosure standards by natural monopoly entities, control over compliance with information disclosure standards by organizations public utilities, control over the circulation of weapons, ammunition and ammunition for it, control over the circulation of narcotic drugs and psychotropic substances, control and supervision in the labor sphere, state supervision and control in the field of ensuring the safety of road, railway, air traffic, shipping, state control and supervision of industrial safety, supervision of the safety of hydraulic structures, supervision of nuclear and radiation safety, inspections of the readiness of heat supply organizations and heating network organizations, consumers of thermal energy, as well as municipalities for the heating season in terms of the type, subject, grounds for inspections, timing and frequency of their conduct, notifications of an unscheduled field inspection, may be established by other federal laws.

5. If an international treaty of the Russian Federation establishes rules other than those provided for by this Federal Law, the rules of the international treaty of the Russian Federation shall apply.

For the purposes of this Federal Law, the following basic concepts are used:

1) state control (supervision)- activity authorized bodies state power (federal bodies executive power and executive authorities of the constituent entities of the Russian Federation), aimed at preventing, detecting and suppressing violations by legal entities, their heads and other officials, individual entrepreneurs, their authorized representatives (hereinafter also referred to as legal entities, individual entrepreneurs) of the requirements established by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation (hereinafter referred to as mandatory requirements) adopted in accordance with them, by organizing and conducting inspections of legal entities, individual entrepreneurs, adopting provided by law Of the Russian Federation measures to suppress and (or) eliminate the consequences of the violations identified, as well as the activities of these authorized state authorities on systematic monitoring of compliance with mandatory requirements, analysis and forecasting of the status of compliance with mandatory requirements in the implementation of activities

2) federal state control (supervision)- activities of federal executive bodies authorized to exercise state control (supervision) throughout the territory of the Russian Federation. The procedure for organizing and exercising state control (supervision) in the relevant field of activity is established by the President of the Russian Federation or the Government of the Russian Federation if specified order not established by federal law;

3) regional state control (supervision)- activities of executive bodies of a constituent entity of the Russian Federation authorized to exercise state control (supervision) on the territory of this constituent entity of the Russian Federation. The procedure for organizing and implementing regional state control (supervision) is established by the highest official (the head of the highest executive body state power) of the constituent entity of the Russian Federation, taking into account the requirements for the organization and implementation of state control (supervision) in the relevant field of activity, determined by the Government of the Russian Federation, if this procedure is not provided for by federal law or the law of the constituent entity of the Russian Federation;

4) municipal control- activities of local self-government bodies authorized to organize and conduct on the territory municipality inspections of compliance with the requirements established by municipal legal acts in the course of activities by legal entities, individual entrepreneurs. The procedure for organizing and exercising municipal control in the relevant field of activity is established by municipal legal acts if this procedure is not provided for by the law of the subject of the Russian Federation;

5) control event- the actions of an official or officials of a state control (supervision) body or a municipal control body and, if necessary, in the procedure established by this Federal Law, to conduct inspections of experts, expert organizations for the examination of documents of a legal entity, an individual entrepreneur, for the examination of those used by these persons in carrying out activities of territories, buildings, structures, structures, premises, equipment, similar objects, Vehicle and goods transported by these persons, for the selection of samples of products, environmental objects, objects working environment, on conducting their research, testing, as well as on conducting examinations and investigations aimed at establishing a causal relationship between the revealed violation of mandatory requirements and (or) requirements established by municipal legal acts, with the facts of harm;

6) examination- a set of control measures carried out by a state control (supervision) body or a municipal control body in relation to a legal entity, an individual entrepreneur to assess the compliance of their activities or actions (inaction), the goods produced and sold by them (work performed, services provided) with mandatory requirements, and the requirements established by municipal legal acts;

7) experts, expert organizations- citizens with special knowledge, experience in the relevant field of science, technology, economic activity, and organizations accredited in the order established by the Government of the Russian Federation in the relevant field of science, technology, economic activity, which are involved by state control (supervision) bodies, municipal control bodies in carrying out control measures;

8) implementation notice entrepreneurial activity - a document that is submitted by a legal entity, an individual entrepreneur registered in the manner prescribed by the legislation of the Russian Federation to the federal executive body authorized by the Government of the Russian Federation in the relevant area and through which such a legal entity, such an individual entrepreneur informs about the start of implementation certain types entrepreneurial activity and its compliance with mandatory requirements.

The main principles of protecting the rights of legal entities, individual entrepreneurs in the implementation of state control (supervision), municipal control are:

1) predominantly a notification procedure for the commencement of certain types of entrepreneurial activity;

2) the presumption of good faith of legal entities, individual entrepreneurs;

3) openness and accessibility for legal entities, individual entrepreneurs of regulatory legal acts of the Russian Federation, municipal legal acts, compliance with which is checked during the implementation of state control (supervision), municipal control, as well as information on the organization and implementation of state control (supervision), municipal control , on the rights and obligations of state control (supervision) bodies, municipal control bodies, their officials, with the exception of information, the free distribution of which is prohibited or limited in accordance with the legislation of the Russian Federation;

4) conducting inspections in accordance with the powers of the state control (supervision) body, the municipal control body, their officials;

5) the inadmissibility of inspections of the fulfillment of the same mandatory requirements and requirements established by municipal legal acts carried out in relation to one legal entity or one individual entrepreneur by several state control (supervision) bodies, municipal control bodies;

6) the inadmissibility of the requirement for legal entities, individual entrepreneurs to obtain permits, opinions and other documents issued by state authorities, local self-government bodies to begin the implementation of certain types of work and services established by this Federal Law in the event that these persons submit notifications of the start of entrepreneurial activity ;

7) responsibility of state control (supervision) bodies, municipal control bodies, their officials for violation of the legislation of the Russian Federation in the implementation of state control (supervision), municipal control;

8) inadmissibility of collection by state control (supervision) bodies, municipal control bodies from legal entities, individual entrepreneurs of payment for carrying out control measures;

9) financing from the funds of the respective budgets carried out by state control (supervision) bodies, municipal control bodies of inspections, including control measures;

10) delineation of powers of federal executive bodies in the relevant areas of activity, authorized to exercise federal state control (supervision), government bodies of the constituent entities of the Russian Federation in the relevant areas of activity, authorized to exercise regional state control (supervision), on the basis of federal laws and laws subjects of the Russian Federation.

1. The determination of federal executive bodies authorized to exercise federal state control (supervision), the establishment of their organizational structure, powers, functions and the procedure for their activities are carried out by the President of the Russian Federation and the Government of the Russian Federation in accordance with the Federal constitutional law of December 17, 1997 N 2-FKZ "On the Government of the Russian Federation".

2. The powers of the federal executive bodies exercising federal state control (supervision) include:

1) development and implementation of a single public policy in the field of protection of the rights of legal entities, individual entrepreneurs in the implementation of federal state control (supervision) in the relevant areas of activity;

2) the organization and implementation of federal state control (supervision) in the relevant areas of activity;

Federal Law No. 365-FZ of December 27, 2009, Clause 3 of Part 2 of Article 4 of this Federal Law is set forth in new edition effective from January 1, 2010.

3) development and adoption administrative regulations conducting inspections during the implementation of federal state control (supervision) and administrative regulations of interaction;

4) organizing and conducting monitoring of the effectiveness of federal state control (supervision) in the relevant areas of activity, the indicators and methods of which are approved by the Government of the Russian Federation;

5) the exercise of other powers stipulated by the legislation of the Russian Federation.

1. The determination of the executive authorities of the constituent entities of the Russian Federation authorized to exercise regional state control (supervision), the establishment of their organizational structure, powers, functions and the procedure for their activities are carried out in accordance with the constitution (charter) of the constituent entity of the Russian Federation by the highest official (head of the executive body state power) of the constituent entity of the Russian Federation.

2. The powers of the executive authorities of the constituent entities of the Russian Federation exercising regional state control (supervision) include:

1) implementation of a unified state policy in the field of protection of the rights of legal entities, individual entrepreneurs and compliance with the legislation of the Russian Federation in the field of protection of the rights of legal entities, individual entrepreneurs in the implementation of regional state control (supervision) on the territory of the corresponding constituent entity of the Russian Federation;

2) the organization and implementation of regional state control (supervision) in the relevant areas of activity on the territory of the corresponding constituent entity of the Russian Federation, taking into account the delineation of powers of federal executive bodies authorized to exercise federal state control (supervision), executive bodies of constituent entities of the Russian Federation authorized to exercise regional state control (supervision);

Federal Law No. 365-FZ of December 27, 2009 reworded Clause 3 of Part 2 of Article 5 of this Federal Law, which shall enter into force on January 1, 2010.

3) development and adoption of administrative regulations for conducting inspections in the implementation of regional state control (supervision) and administrative regulations for interaction;

4) organizing and conducting monitoring of the effectiveness of regional state control (supervision) in the relevant areas of activity, the indicators and methodology of which are approved by the Government of the Russian Federation;

5) the exercise of other powers provided for by federal laws, laws and other regulatory legal acts of the constituent entities of the Russian Federation.

1. The determination of local self-government bodies authorized to exercise municipal control, the establishment of their organizational structure, powers, functions and the procedure for their activities are carried out in accordance with the charter of the municipal formation.

2. The powers of local self-government bodies exercising municipal control include:

1) organization and implementation of municipal control in the relevant territory;

Federal Law No. 365-FZ of December 27, 2009 reworded Clause 2 of Part 2 of Article 6 of this Federal Law, which shall enter into force on January 1, 2010.

2) development and adoption of administrative regulations for conducting inspections in the implementation of municipal control;

3) organizing and conducting monitoring of the effectiveness of municipal control in the relevant areas of activity, the indicators and methods of which are approved by the Government of the Russian Federation;

4) the exercise of other powers stipulated by federal laws, laws and other regulatory legal acts of the constituent entities of the Russian Federation.

1. Bodies of state control (supervision), bodies of municipal control, when organizing and conducting inspections, interact on the following issues:

1) informing about regulatory legal acts and methodological documents on the organization and implementation of state control (supervision), municipal control;

2) determination of goals, scope, timing of scheduled inspections;

3) informing about the results of inspections, the state of compliance with the legislation of the Russian Federation in the relevant field of activity and about the effectiveness of state control (supervision), municipal control;

4) preparation in the prescribed manner of proposals on improving the legislation of the Russian Federation in terms of the organization and implementation of state control (supervision), municipal control;

5) the adoption of administrative regulations for the interaction of state control (supervision) bodies, municipal control bodies in the implementation of state control (supervision), municipal control;

6) advanced training of specialists exercising state control (supervision), municipal control.

2. Bodies of state control (supervision), bodies of municipal control in the organization and implementation of state control (supervision), municipal control involve experts, expert organizations to carry out control measures to assess the conformity of activities or actions (inaction) carried out by legal entities, individual entrepreneurs, the goods produced and sold by them (works performed, services provided) to the mandatory requirements and requirements established by municipal legal acts, and the analysis of compliance specified requirements monitoring the effectiveness of state control (supervision), municipal control in the relevant areas of activity, recording the results of inspections and the necessary reporting on them.

3. Payment from legal entities, individual entrepreneurs for carrying out control measures is not charged.

4. Bodies of state control (supervision), bodies of municipal control interact with self-regulatory organizations on the protection of the rights of their members in the implementation of state control (supervision), municipal control.

5. Annually, state control (supervision) bodies, municipal control bodies, in the manner prescribed by the Government of the Russian Federation, prepare reports on the implementation of state control (supervision), municipal control in relevant areas of activity, on the effectiveness of such control and submit these reports to the authorized by the Government The Russian Federation is a federal executive body that prepares an annual consolidated report on the state of state control (supervision), municipal control and submits it to the Government of the Russian Federation.

Federal Law No. 227-FZ of July 27, 2010 supplemented Article 7 of this Federal Law with part 6, which shall enter into force on January 1, 2011.

6. The interaction of state control (supervision) bodies, municipal control bodies in organizing and conducting inspections can be carried out in electronic form in the manner established by the Government of the Russian Federation.

1. Legal entities and individual entrepreneurs are obliged to notify the federal executive body authorized by the Government of the Russian Federation in the relevant area (hereinafter in this article - the authorized federal executive body) of the beginning of certain types of entrepreneurial activity.

2. Notification of the commencement of certain types of entrepreneurial activity shall be submitted by legal entities, individual entrepreneurs performing work and services in accordance with the list of works and services approved by the Government of the Russian Federation, comprising the following types of activities:

1) the provision of hotel services, as well as services for temporary accommodation and provision of temporary accommodation;

2) provision of consumer services;

3) provision of catering services by catering organizations;

4) retail trade (excluding retail goods, the turnover of which is limited in accordance with federal laws);

5) wholesale trade (except for the wholesale trade in goods, the turnover of which is limited in accordance with federal laws);

6) the provision of services for the transportation of passengers and baggage on orders by car(with the exception of the implementation of such transportation along regular routes, as well as to meet the own needs of legal entities, individual entrepreneurs);

7) the provision of services for the carriage of goods by road, the carrying capacity of which is more than two tons and five hundred kilograms (except for such transportations carried out to meet the own needs of legal entities, individual entrepreneurs);

8) production of textile materials, garments;

9) production of clothing;

10) production of leather, leather goods, including footwear;

11) wood processing and production of wood and cork products, with the exception of furniture;

12) publishing and printing activities;

13) activities related to the use of computers and information technologies (with the exception of the specified activities carried out in order to protect state secrets).

Federal Law No. 365-FZ of December 27, 2009 supplemented Part 2 of Article 8 of this Federal Law with Clause 14, which shall enter into force on January 1, 2010.

14) production of bread, bakery and confectionery products;

Federal Law No. 365-FZ of December 27, 2009 supplemented Part 2 of Article 8 of this Federal Law with Clause 15, which shall enter into force on January 1, 2010.

15) production of milk and dairy products;

Federal Law No. 365-FZ of December 27, 2009 supplemented Part 2 of Article 8 of this Federal Law with Clause 16, which shall enter into force on January 1, 2010.

16) production of fruit and vegetable juice products;

Federal Law No. 365-FZ of December 27, 2009 supplemented Part 2 of Article 8 of this Federal Law with Clause 17, which shall enter into force on January 1, 2010.

17) production of fat and oil products;

Federal Law No. 365-FZ of December 27, 2009 supplemented Part 2 of Article 8 of this Federal Law with Clause 18, which shall enter into force on January 1, 2010.

18) sugar production;

Federal Law No. 365-FZ of December 27, 2009 supplemented Part 2 of Article 8 of this Federal Law with Clause 19, which shall enter into force on January 1, 2010.

19) production of flour-grinding products;

Federal Law No. 365-FZ of December 27, 2009 supplemented Part 2 of Article 8 of this Federal Law with Clause 20, which shall enter into force on January 1, 2010.

20) production of soft drinks.

3. Submission of requirements for legal entities, individual entrepreneurs to obtain permits, opinions and other documents issued by state authorities, local authorities to start entrepreneurial activities in relation to works and services as part of the activities specified in this article is not allowed.

4. The notice of the start of certain types of entrepreneurial activity indicates that a legal entity, an individual entrepreneur complies with the mandatory requirements, as well as the compliance of their employees with the entrepreneurial activity they carry out and intended for use in the process of their entrepreneurial activity of territories, buildings, structures, structures , premises, equipment, similar objects, vehicles to the mandatory requirements and requirements established by municipal legal acts.

Federal Law No. 227-FZ of July 27, 2010 amended part 5 of Article 8 of this Federal Law.The amendments shall enter into force on January 1, 2011.

5. A notice of the start of certain types of entrepreneurial activity is submitted by a legal entity, an individual entrepreneur to the authorized federal executive body after state registration and registration with tax authority before the start of the actual performance of work or the provision of services. The specified notification can be submitted in the form of an electronic document.

Federal Law No. 227-FZ of July 27, 2010 amended part 6 of Article 8 of this Federal Law.The amendments shall enter into force on January 1, 2011.

6. A legal entity, an individual entrepreneur shall be obliged to inform in writing or in the form of an electronic document additionally to the authorized federal executive body information on the following changes:

1) change of the location of the legal entity and (or) the place of actual implementation of activities;

2) change of the place of residence of an individual entrepreneur;

3) reorganization of a legal entity.

7. Information on the changes specified in part 6 of this article shall be submitted to the authorized federal executive body no later than within ten working days from the date of making the relevant entries in a single State Register legal entities or the unified state register of individual entrepreneurs in the manner prescribed by the legislation of the Russian Federation.

Federal Law No. 227-FZ of July 27, 2010 reworded part 8 of Article 8 of this Federal Law, which shall enter into force on January 1, 2011.

8. The Government of the Russian Federation shall establish the form of notification of the start of certain types of entrepreneurial activity and the procedure for submitting such notifications to the authorized federal executive body, including in the form electronic documents, as well as the procedure for their accounting.

9. Legal entities, individual entrepreneurs who carry out the types of activities specified in part 2 of this article, in case of failure to submit notifications about the start of certain types of business activities or the submission of such notifications containing inaccurate information, are liable in accordance with the legislation of the Russian Federation.

Chapter 2. State control (supervision), municipal control

Article 9. Organization and conduct of scheduled inspection

1. The subject of a scheduled inspection is compliance by a legal entity, an individual entrepreneur in the process of carrying out activities with the mandatory requirements and requirements established by municipal legal acts, as well as the compliance of the information contained in the notification of the start of certain types of entrepreneurial activity with the mandatory requirements.

2. Scheduled inspections are carried out no more than once every three years.

3. Scheduled inspections are carried out on the basis of annual plans developed by state control (supervision) bodies, municipal control bodies in accordance with their powers.

4. The following information shall be indicated in the annual plans for conducting scheduled inspections:

1) the names of legal entities, surnames, names, patronymics of individual entrepreneurs, whose activities are subject to scheduled inspections;

2) the purpose and basis of each scheduled inspection;

3) the date and timing of each scheduled inspection;

4) the name of the state control (supervision) body or the municipal control body carrying out a specific scheduled inspection. When conducting a scheduled inspection by state control (supervision) bodies, municipal control bodies jointly indicate the names of all bodies participating in such an inspection.

5. The annual plan of scheduled inspections approved by the head of the state control (supervision) or municipal control body is brought to the attention of interested parties by posting it on the official website of the state control (supervision) body or municipal control body on the Internet or in another accessible way.

Federal Law No. 365-FZ of December 27, 2009 reworded part 6 of Article 9 of this Federal Law, which shall enter into force on January 1, 2010.

6. Before September 1 of the year preceding the year of scheduled inspections, state control (supervision) bodies, municipal control bodies shall send draft annual plans for scheduled inspections to the prosecutor's office.

Federal Law No. 365-FZ of December 27, 2009 supplemented Article 9 of this Federal Law with part 6.1, which shall enter into force on January 1, 2010.

6.1. The prosecution authorities consider draft annual plans for scheduled inspections for the legality of including objects of state control (supervision), objects of municipal control in accordance with part 4 of this article and, by October 1 of the year preceding the year of scheduled inspections, submit proposals to the heads of the bodies state control (supervision), municipal control bodies on the conduct of joint scheduled inspections.

Federal Law No. 365-FZ of December 27, 2009 supplemented Article 9 of this Federal Law with part 6.2, which shall enter into force on January 1, 2010.

6.2. State control (supervision) bodies, municipal control bodies consider the proposals of the prosecutor's office and, based on the results of their consideration, send to the prosecutor's office by November 1 of the year preceding the year of scheduled inspections, annual plans for conducting scheduled inspections.

Federal Law No. 365-FZ of December 27, 2009 supplemented Article 9 of this Federal Law with Part 6.3, which shall enter into force on January 1, 2010.

6.3. The procedure for preparing an annual plan for conducting scheduled inspections, its submission to the prosecutor's office and approval, as well as a standard form for an annual plan for conducting scheduled inspections, is established by the Government of the Russian Federation.

Federal Law No. 365-FZ of December 27, 2009 supplemented Article 9 of this Federal Law with part 6.4, which shall enter into force on January 1, 2010.

6.4. The prosecutor's office, prior to December 1 of the year preceding the year of scheduled inspections, summarizes the annual plans for conducting scheduled inspections received from state control (supervision) bodies, municipal control bodies and send them to The General Prosecutor's Office The Russian Federation for the formation by the General Prosecutor's Office of the Russian Federation of an annual consolidated plan for scheduled inspections.

Federal Law No. 365-FZ of December 27, 2009 reworded part 7 of Article 9 of this Federal Law, which shall enter into force on January 1, 2010.

7. The Prosecutor General's Office of the Russian Federation draws up an annual consolidated plan for scheduled inspections and posts it on the official website of the Prosecutor General's Office of the Russian Federation on the Internet by December 31 of the current calendar year.

8. The basis for the inclusion of a scheduled inspection in the annual plan for conducting scheduled inspections is the expiration of three years from the date:

1) state registration of a legal entity, individual entrepreneur;

2) the end of the last scheduled inspection of a legal entity, individual entrepreneur;

3) the commencement of entrepreneurial activity by a legal entity or individual entrepreneur in accordance with the notification submitted to the federal executive body authorized by the Government of the Russian Federation in the relevant area of ​​the commencement of certain types of entrepreneurial activity in the event of the performance of work or the provision of services requiring the submission of the said notification.

9. In relation to legal entities, individual entrepreneurs, carrying out activities in the field of health care, education, in the social sphere, scheduled inspections can be carried out two or more times in three years. The list of such activities and the frequency of their scheduled inspections are established by the Government of the Russian Federation.

Federal Law No. 261-FZ of November 23, 2009 supplemented Article 9 of this Federal Law with part 9.1

9.1. Scheduled inspections of compliance with energy saving and energy efficiency requirements can be carried out two or more times in three years. The frequency of scheduled inspections in terms of compliance with energy saving and energy efficiency requirements is established by the Government of the Russian Federation.

Federal Law No. 191-FZ of July 27, 2010 supplemented Article 9 of this Federal Law with part 9.2

9.2. Checking the readiness of heat supply organizations, heating grid organizations, heat consumers, as well as municipalities for the heating season is carried out annually in accordance with the procedure established by the federal executive body authorized to implement the state policy in the field of heat supply.

10. Scheduled inspection of legal entities, individual entrepreneurs - members of a self-regulatory organization is carried out in relation to no more than ten percent of the total number of members of a self-regulatory organization and at least two members of a self-regulatory organization in accordance with the annual plan for scheduled inspections, unless otherwise provided by federal laws.

11. Scheduled inspection is carried out in the form of documentary inspection and (or) on-site inspection in accordance with the procedure established by this Federal Law, respectively.

12. A legal entity, an individual entrepreneur shall be notified of a scheduled inspection by a state control (supervision) body, a municipal control body no later than three working days before its start by sending a copy of the order or order of the head, deputy head of the state control (supervision) body , the municipal control body on the beginning of a scheduled inspection by order by post with a receipt confirmation or in any other available way.

13. In the event of a scheduled inspection of the members of a self-regulatory organization, the state control (supervision) body, the municipal control body must notify the self-regulatory organization in order to ensure the possibility of participation or presence of its representative during the scheduled inspection.

14. In the event of violations by members of a self-regulatory organization of mandatory requirements and requirements established by municipal legal acts, officials of a state control (supervision) body, a municipal control body during a scheduled inspection of such members of a self-regulatory organization are obliged to inform the self-regulatory organization of the identified violations within five working days from the date of the end of the scheduled inspection.

Article 10. Organization and conduct of unscheduled inspection

1. The subject of an unscheduled inspection is compliance by a legal entity, an individual entrepreneur in the process of carrying out activities with the mandatory requirements and requirements established by municipal legal acts, compliance with the instructions of state control (supervision) bodies, municipal control bodies, taking measures to prevent harm to the life and health of citizens, harm to animals, plants, the environment, to ensure the security of the state, to prevent the occurrence of natural and man-made emergencies, to eliminate the consequences of such harm.

Federal Law No. 365-FZ of December 27, 2009 amended part 2 of Article 10 of this Federal Law.The amendments shall enter into force on January 1, 2010.

2. The basis for an unscheduled inspection is:

1) the expiration of the term for the execution by a legal entity, an individual entrepreneur of a previously issued order to eliminate the revealed violation of mandatory requirements and (or) requirements established by municipal legal acts;

2) receipt by state control (supervision) bodies, municipal control bodies of appeals and applications of citizens, legal entities, individual entrepreneurs, information from public authorities, local self-government bodies, from the media about the following facts:

a) the emergence of a threat of harm to the life and health of citizens, harm to animals, plants, the environment, cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation, the security of the state, as well as the threat of natural and man-made emergencies;

b) causing harm to the life and health of citizens, harm to animals, plants, the environment, cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation, state security, as well as the occurrence of natural and man-made emergencies;

c) violation of consumer rights (in the case of an appeal from citizens whose rights have been violated).

3) an order (order) of the head of the state control (supervision) body, issued in accordance with the instructions of the President of the Russian Federation, the Government of the Russian Federation.

3. Appeals and statements that do not allow to identify the person who applied to the state control (supervision) body, the municipal control body, as well as appeals and statements that do not contain information about the facts specified in part 2 of this article, cannot serve as a basis for an unscheduled checks.

4. An unscheduled inspection is carried out in the form of a documentary inspection and (or) on-site inspection in accordance with the procedure established, respectively, and this Federal Law.

Federal Law of April 26, 2010 amended part 5 of Article 10 of this Federal Law, which shall enter into force upon the expiration of ninety days after the day of the official publication of the said Federal Law

5. An unscheduled field inspection of legal entities, individual entrepreneurs can be carried out on the grounds specified in subparagraphs "a" and "b" of paragraph 2 of part 2 of this article by state control (supervision) bodies, municipal control bodies after agreement with the local prosecutor's office carrying out the activities of such legal entities, individual entrepreneurs.

Federal Law No. 365-FZ of December 27, 2009 amended part 6 of Article 10 of this Federal Law.The amendments shall enter into force on January 1, 2010.

6. Typical form applications for approval by the state control (supervision) body, the municipal control body with the prosecutor's office of conducting an unscheduled field inspection of a legal entity, an individual entrepreneur shall be established by the federal executive body authorized by the Government of the Russian Federation.

Federal Law No. 365-FZ of December 27, 2009 amended part 7 of Article 10 of this Federal Law.The amendments shall enter into force on January 1, 2010.

7. The procedure for the approval of the state control (supervision) body, the municipal control body with the prosecutor's office for an unscheduled on-site inspection of a legal entity, individual entrepreneur, as well as the approval of the prosecutor's office for the approval of an unscheduled on-site inspection is established by order of the Prosecutor General of the Russian Federation.

Federal Law No. 365-FZ of December 27, 2009 amended part 8 of Article 10 of this Federal Law.The amendments shall enter into force on January 1, 2010.

8. On the day of signing the order or order of the head, deputy head of the state control (supervision) body, the municipal control body on conducting an unscheduled on-site inspection of small or medium-sized businesses in order to coordinate it, the state control (supervision) body, the municipal control body shall submit or send by registered mail with acknowledgment of receipt or in the form of an electronic document signed by an electronic digitally signed, to the prosecutor's office at the place of business of a legal entity, an individual entrepreneur, an application for approval of an unscheduled on-site inspection. This application shall be accompanied by a copy of the order or order of the head, deputy head of the state control (supervision) body, municipal control body on conducting an unscheduled field inspection and documents that contain information that served as the basis for its conduct.

Federal Law No. 365-FZ of December 27, 2009 amended part 9 of Article 10 of this Federal Law.The amendments shall enter into force on January 1, 2010.

9. An application for approval of an unscheduled on-site inspection of a legal entity, an individual entrepreneur and the documents attached to it are considered by the prosecutor's office on the day they are received in order to assess the legality of an unscheduled on-site inspection.

Federal Law No. 365-FZ of December 27, 2009 amended part 10 of Article 10 of this Federal Law.The amendments shall enter into force on January 1, 2010.

10. Based on the results of consideration of an application for approval of an unscheduled on-site inspection of a legal entity, an individual entrepreneur and the documents attached to it, no later than during the working day following the day of their receipt, the prosecutor or his deputy makes a decision on the approval of an unscheduled on-site inspection or on refusal to agree on its implementation.

11. Grounds for refusal to approve an unscheduled on-site inspection are:

Federal Law No. 365-FZ of December 27, 2009 amended Clause 1 of Part 10 of Article 10 of this Federal Law.The amendments shall enter into force on January 1, 2010.

1) the absence of documents attached to the application for approval of an unscheduled field inspection of a legal entity, individual entrepreneur;

2) the absence of grounds for conducting an unscheduled on-site inspection in accordance with the requirements of part 2 of this article;

3) failure to comply with the requirements established by this Federal Law for the execution of a decision of a state control (supervision) body, a municipal control body on conducting an unscheduled on-site inspection;

4) the implementation of an unscheduled on-site inspection that contradicts federal laws, regulatory legal acts The President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation;

5) inconsistency of the subject of the unscheduled on-site inspection with the powers of the state control (supervision) body or the municipal control body;

6) verification of compliance with the same mandatory requirements and requirements established by municipal legal acts in relation to one legal entity or one individual entrepreneur by several state control (supervision) bodies, municipal control bodies.

Federal Law No. 365-FZ of December 27, 2009 amended part 12 of Article 10 of this Federal Law.The amendments shall enter into force on January 1, 2010.

12. If the reason for the unscheduled on-site inspection is harm to life, health of citizens, harm to animals, plants, the environment, cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation, state security, as well as the occurrence of natural and man-made emergencies , detection of violations of mandatory requirements and requirements established by municipal legal acts, at the time of committing such violations in connection with the need to take urgent measures, state control (supervision) bodies, municipal control bodies have the right to start an unscheduled on-site inspection immediately with notification of the prosecutor's office about the activities on control by sending the documents provided for in parts 6 and 7 of this article to the prosecutor's office within twenty-four hours. In this case, the prosecutor or his deputy decides on the approval of an unscheduled on-site inspection on the day the relevant documents are received.

13. The decision of the prosecutor or his deputy on the approval of an unscheduled on-site inspection or on the refusal to approve its conduct is made in writing in two copies, one of which on the day of the decision is submitted or sent by registered mail with a receipt acknowledgment or in the form of an electronic document , signed with an electronic digital signature, to a state control (supervision) body, a municipal control body.

14. If an unscheduled on-site inspection is required immediately, a copy of the decision on approval of an unscheduled on-site inspection is sent by the prosecutor's office to the state control (supervision) body, the municipal control body using the information and telecommunications network.

15. The decision of the prosecutor or his deputy on the approval of an unscheduled on-site inspection or on the refusal to approve its conduct may be appealed to a higher prosecutor or in court.

Federal Law No. 164-FZ of July 17, 2009 amended part 16 of Article 10 of this Federal Law, which shall enter into force upon the expiration of thirty days after the day of the official publication of the said Federal Law

16. On conducting an unscheduled on-site inspection, with the exception of an unscheduled on-site inspection, the grounds for which are specified in clause 2 of part 2 of this article, and an unscheduled on-site inspection for compliance with the requirements of Article 11 of Federal Law No. 135-FZ of July 26, 2006 "On Protection competition ", a legal entity, an individual entrepreneur shall be notified by the state control (supervision) body, the municipal control body at least twenty-four hours before the start of the competition by any available means.

17. In the event that, as a result of the activities of a legal entity, an individual entrepreneur, harm to the life, health of citizens, harm to animals, plants, the environment, state security, as well as natural and man-made emergencies have arisen or may arise, prior notification of legal persons, individual entrepreneurs about the beginning of an unscheduled field inspection is not required.

18. In the event of an unscheduled on-site inspection of members of a self-regulatory organization, the state control (supervision) body, the municipal control body must notify the self-regulatory organization about the unscheduled on-site inspection in order to ensure the possibility of participation or presence of its representative during the unscheduled on-site inspection.

Federal Law No. 365-FZ of December 27, 2009 amended part 19 of Article 10 of this Federal Law.The amendments shall enter into force on January 1, 2010.

19. Bodies of the prosecutor's office keep records of unscheduled field inspections conducted by state control (supervision) bodies, municipal control bodies, as well as annual monitoring of unscheduled field inspections.

20. In the event of violations by members of a self-regulatory organization of mandatory requirements and requirements established by municipal legal acts, officials of a state control (supervision) body, a municipal control body during an unscheduled on-site inspection of such members of a self-regulatory organization are obliged to inform the self-regulatory organization of the identified violations within five working days from the date of the end of the unscheduled on-site inspection.

Article 11. Documentary verification

1. The subject of documentary verification is the information contained in the documents of a legal entity, an individual entrepreneur, establishing their organizational and legal form, rights and obligations, documents used in the implementation of their activities and related to their fulfillment of mandatory requirements and requirements established by municipal legal acts, execution of orders and decisions of state control (supervision) bodies, municipal control bodies.

2. Organization of documentary inspection (both scheduled and unscheduled) is carried out in the manner prescribed by Article 14 of this Federal Law, and is carried out at the location of the state control (supervision) body, municipal control body.

3. In the process of conducting a documentary inspection, officials of a state control (supervision) body, a municipal control body, first of all, consider documents of a legal entity, an individual entrepreneur, available at the disposal of a state control (supervision) body, a municipal control body, including notification of the start implementation of certain types of entrepreneurial activity, presented in the manner prescribed by Article 8 of this Federal Law, acts of previous inspections, materials of consideration of cases on administrative offenses and other documents on the results of state control (supervision), municipal control carried out in relation to these legal entities, individual entrepreneurs.

4. In the event that the reliability of the information contained in the documents at the disposal of the state control (supervision) body, the municipal control body raises reasonable doubts or this information does not allow assessing the fulfillment by a legal entity, an individual entrepreneur of mandatory requirements or requirements established by municipal legal acts, the state control (supervision) body, the municipal control body send to the address of the legal entity, the address of the individual entrepreneur a motivated request with the requirement to submit other documents necessary for consideration during the documentary audit. A stamped copy of the order or order of the head, deputy head of the state control (supervision) body, the municipal control body to conduct an audit or his deputy to conduct a documentary audit is attached to the request.

5. Within ten working days from the date of receipt of a reasoned request, a legal entity, an individual entrepreneur are obliged to send the documents specified in the request to the state control (supervision) body, the municipal control body.

Federal Law No. 227-FZ of July 27, 2010 amended part 6 of Article 11 of this Federal Law.The amendments shall enter into force on January 1, 2011.

6. The documents specified in the request are submitted in the form of copies certified by the seal (if any) and, accordingly, the signature of the individual entrepreneur, his authorized representative, head, other official of the legal entity. A legal entity, an individual entrepreneur has the right to submit the documents specified in the request in the form of electronic documents in the manner determined by the Government of the Russian Federation.

7. It is not allowed to demand notarial certification copies of documents submitted to the state control (supervision) body, the municipal control body, unless otherwise provided by the legislation of the Russian Federation.

8. In the event that, during the documentary audit, errors and (or) contradictions in the documents submitted by a legal entity, individual entrepreneur, or inconsistency of the information contained in these documents with the information contained in the state control (supervision) body, municipal control body documents and (or) obtained in the course of state control (supervision), municipal control, information about this is sent to a legal entity, an individual entrepreneur with the requirement to submit the necessary explanations in writing within ten working days.

9. A legal entity, an individual entrepreneur, presenting explanations to the state control (supervision) body, the municipal control body regarding the errors and (or) contradictions in the submitted documents or regarding the inconsistency of the information specified in part 8 of this article, may additionally submit to the state control body (supervision), municipal control body documents confirming the accuracy of previously submitted documents.

10. The official who conducts the documentary check is obliged to consider the explanations and documents presented by the head or other official of the legal entity, individual entrepreneur, his authorized representative, and documents confirming the accuracy of the previously submitted documents. In the event that, after considering the submitted explanations and documents, or in the absence of explanations, the state control (supervision) body, the municipal control body establishes signs of violation of mandatory requirements or requirements established by municipal legal acts, officials of the state control (supervision) body, municipal control body have the right conduct an on-site check.

Federal Law No. 365-FZ of December 27, 2009 amended part 11 of Article 11 of this Federal Law.The amendments shall enter into force on January 1, 2011.

11. When conducting a documentary audit, a state control (supervision) body, a municipal control body is not entitled to demand from a legal entity, an individual entrepreneur information and documents that are not related to the subject of the documentary audit, as well as information and documents that may be obtained by this body from other bodies of state control (supervision), bodies of municipal control.

Article 12. On-site inspection

1. The subject of on-site inspection is the information contained in the documents of a legal entity, an individual entrepreneur, as well as the compliance of their employees, the state of the territories, buildings, structures, structures, premises, equipment, similar objects, vehicles, produced and sold by these persons in the course of their activities. by a legal entity, an individual entrepreneur, goods (work performed, services provided) and measures taken by them to fulfill the mandatory requirements and requirements established by municipal legal acts.

2. An on-site inspection (both scheduled and unscheduled) is carried out at the location of the legal entity, the place of implementation of the activities of an individual entrepreneur and (or) at the place of actual implementation of their activities.

3. An on-site check is carried out if documentary verification does not seem possible:

1) verify the completeness and reliability of the information contained in the notification of the start of certain types of entrepreneurial activity and other documents of a legal entity, individual entrepreneur at the disposal of the state control (supervision) body, municipal control body;

2) assess the compliance of the activities of a legal entity, an individual entrepreneur with mandatory requirements or requirements established by municipal legal acts, without taking an appropriate control measure.

4. An on-site inspection begins with the presentation of an official certificate by officials of the state control (supervision) body, municipal control body, mandatory familiarization of the head or other official of a legal entity, individual entrepreneur, his authorized representative with an order or order of the head, deputy head of the state control body ( supervision), a municipal control body on the appointment of an on-site inspection and with the authority of persons conducting an on-site inspection, as well as with the goals, objectives, grounds for conducting an on-site inspection, types and volume of control measures, the composition of experts, representatives of expert organizations involved in the on-site inspection, with terms and conditions of its implementation.

5. The head, another official or an authorized representative of a legal entity, an individual entrepreneur, his authorized representative are obliged to provide the officials of the state control (supervision) body, the municipal control body conducting the on-site inspection, the opportunity to familiarize themselves with the documents related to the goals, objectives and subject the on-site check, if the on-site check was not preceded by a documentary check, as well as to provide access for the officials conducting the on-site check and the experts participating in the on-site check, representatives of expert organizations to the territory used by the legal entity, individual entrepreneur in the course of the activities of the building, structure , structures, premises, equipment used by legal entities, individual entrepreneurs, similar objects, vehicles and the goods transported by them.

Federal Law No. 365-FZ of December 27, 2009 supplemented Article 12 of this Federal Law with part 6, which shall enter into force on January 1, 2010.

6. Bodies of state control (supervision), bodies of municipal control involve in the field inspection of a legal entity, an individual entrepreneur experts, expert organizations that are not members of civil and labor relations with a legal entity, an individual entrepreneur, in respect of which the audit is being carried out, and who are not affiliated with the inspected persons.

Article 13. Term of inspection

1. The period for carrying out each of the inspections provided for by this Federal Law may not exceed twenty business days.

Federal Law No. 365-FZ of December 27, 2009 amended part 2 of Article 13 of this Federal Law.The amendments shall enter into force on January 1, 2010.

2. With respect to one small business entity, the total period of scheduled field inspections may not exceed fifty hours for a small business and fifteen hours for a micro-enterprise per year.

3. In exceptional cases related to the need to carry out complex and (or) lengthy research, tests, special examinations and investigations on the basis of motivated proposals from officials of the state control (supervision) body, municipal control body conducting an on-site scheduled inspection, the period of the on-site scheduled inspection inspections can be extended by the head of such a body, but for no more than twenty working days, in relation to small enterprises, micro-enterprises for no more than fifteen hours.

4. The term for carrying out each of the inspections provided for by this Federal Law in relation to a legal entity that carries out its activities in the territories of several constituent entities of the Russian Federation is set separately for each branch, representative office of the legal entity.

Article 14. Procedure for organizing an inspection

1. Inspection is carried out on the basis of an order or order of the head, deputy head of the state control (supervision) body, municipal control body. The standard form of the order or order of the head, deputy head of the state control (supervision) body, municipal control body is established by the federal executive body authorized by the Government of the Russian Federation. Inspection can only be carried out by an official or officials who are indicated in the order or order of the head, deputy head of the state control (supervision) body, municipal control body.

2. The order or order of the head, deputy head of the state control (supervision) body, municipal control body shall indicate:

1) the name of the state control (supervision) body or the municipal control body;

2) surnames, first names, patronymics, positions of an official or officials authorized to conduct an audit, as well as experts involved in the audit, representatives of expert organizations;

3) the name of the legal entity or the surname, name, patronymic of an individual entrepreneur, which is being checked;

4) goals, objectives, subject of the audit and the period of its implementation;

5) the legal grounds for the inspection, including the mandatory requirements to be verified and the requirements established by municipal legal acts;

6) the timing and list of control measures necessary to achieve the goals and objectives of the audit;

Federal Law No. 365-FZ of December 27, 2009 amended Clause 7 of Part 2 of Article 14 of this Federal Law.The amendments shall enter into force on January 1, 2010.

7) a list of administrative regulations for the implementation of control measures, administrative regulations for interaction;

8) a list of documents, the submission of which by a legal entity, an individual entrepreneur is necessary to achieve the goals and objectives of the audit;

9) the start and end dates of the inspection.

Federal Law No. 365-FZ of December 27, 2009 amended part 3 of Article 14 of this Federal Law.The amendments shall enter into force on January 1, 2010.

3. Sealed copies of the order or order of the head, deputy head of the state control (supervision) body, the municipal control body are handed over against signature by the officials of the state control (supervision) body, the municipal control body conducting the inspection, to the head, other official or an authorized representative of the legal a person, an individual entrepreneur, his authorized representative simultaneously with the presentation service IDs... At the request of the persons subject to inspection, officials of the state control (supervision) body, municipal control body are obliged to provide information about these bodies, as well as about experts, expert organizations in order to confirm their powers.

4. At the request of the head, another official or an authorized representative of a legal entity, an individual entrepreneur, his authorized representative, officials of the state control (supervision) body, the municipal control body are obliged to familiarize the persons subject to inspection with the administrative regulations for the implementation of control measures and the procedure for their implementation at objects used by a legal entity, an individual entrepreneur in the implementation of activities.

Article 15. Restrictions during the inspection

When conducting an inspection, officials of a state control (supervision) body, a municipal control body are not entitled to:

1) check the fulfillment of the mandatory requirements and requirements established by municipal legal acts, if such requirements do not relate to the powers of the state control (supervision) body, the municipal control body, on behalf of which these officials act;

2) carry out a scheduled or unscheduled on-site inspection in the absence of a head, another official or an authorized representative of a legal entity, an individual entrepreneur, his authorized representative during it, except for the case of such an inspection on the basis provided for in subparagraph "b" of paragraph 2 of part 2 this Federal Law;

3) require the submission of documents, information, product samples, samples of inspection of environmental objects and objects of the production environment, if they are not objects of inspection or do not relate to the subject of inspection, as well as seize the originals of such documents;

4) take samples of products, samples of examination of environmental objects and objects of the production environment for their research, tests, measurements without drawing up protocols on the selection of these samples, samples in the prescribed form and in an amount exceeding the norms established by national standards, sampling rules, samples and methods of their research, testing, measurements, technical regulations or other normative technical documents and rules and methods of research, testing, measurements;

5) disseminate information obtained as a result of the inspection and constituting a state, commercial, official, other secrets protected by law, with the exception of cases provided for by the legislation of the Russian Federation;

6) exceed the established time limits for the inspection;

7) issue orders or proposals to legal entities, individual entrepreneurs to carry out control measures at their expense,

Article 16. Procedure for registration of the results of the check

1. Based on the results of the inspection, the officials of the state control (supervision) body, the municipal control body conducting the inspection, draw up an act in the established form in two copies. The standard form of the inspection report is established by the federal executive body authorized by the Government of the Russian Federation.

2. The inspection report shall indicate:

1) the date, time and place of drawing up the inspection report;

2) the name of the state control (supervision) body or the municipal control body;

3) the date and number of the order or order of the head, deputy head of the state control (supervision) body, municipal control body;

4) surnames, first names, patronymics and positions of the official or officials who conducted the inspection;

5) the name of the audited legal entity or the surname, name and patronymic of an individual entrepreneur, as well as the surname, first name, patronymic and position of the head, other official or authorized representative of the legal entity, authorized representative of the individual entrepreneur, who were present during the audit;

6) date, time, duration and place of the inspection;

7) information on the results of the audit, including on the revealed violations of the mandatory requirements and requirements established by municipal legal acts, on their nature and on the persons who committed the said violations;

8) information on familiarization or refusal to familiarize themselves with the act of verification of the head, another official or an authorized representative of a legal entity, individual entrepreneur, his authorized representative who were present during the verification, on the presence of their signatures or on refusal to make a signature, as well as information on making an entry in the audit log of the audit carried out or the impossibility of making such an entry due to the absence of the specified magazine in the legal entity, individual entrepreneur;

9) signatures of the official or officials who carried out the check.

3. Protocols of product sampling, inspection samples of environmental objects and industrial environment objects, protocols or conclusions of studies, tests and examinations carried out, explanations of employees of a legal entity, employees of an individual entrepreneur, who are responsible for violation of mandatory requirements or requirements , established by municipal legal acts, orders to eliminate the identified violations and other documents related to the results of the audit or their copies.

4. The inspection report is drawn up immediately after its completion in two copies, one of which with copies of applications is handed to the head, another official or an authorized representative of a legal entity, an individual entrepreneur, his authorized representative on receipt of familiarization or refusal to familiarize with the inspection report. In the absence of a manager, another official or an authorized representative of a legal entity, an individual entrepreneur, his authorized representative, as well as in case of refusal of the inspected person to give a receipt for familiarization or refusal to familiarize with the inspection act, the act is sent by registered mail with a receipt acknowledgment, which is attached to a copy of the inspection report kept in the file of the state control (supervision) body or the municipal control body.

5. In the event that, in order to draw up an inspection report, it is necessary to obtain conclusions based on the results of research, tests, special investigations, examinations, the inspection report is drawn up within a period not exceeding three working days after the completion of control measures, and handed over to the head, other official or to an authorized representative of a legal entity, an individual entrepreneur, his authorized representative against receipt, or sent by registered mail with a receipt acknowledgment, which is attached to a copy of the inspection report stored in the file of the state control (supervision) body or the municipal control body.

6. In the event that an unscheduled on-site inspection requires approval of its conduct with the prosecutor's office, a copy of the inspection report is sent to the prosecutor's office, which decided to approve the inspection, within five working days from the date of the inspection report.

7. The results of the audit, containing information constituting state, commercial, official, or other secrets, are drawn up in compliance with the requirements stipulated by the legislation of the Russian Federation.

8. Legal entities, individual entrepreneurs are obliged to keep a register of inspections according to the standard form established by the federal executive body authorized by the Government of the Russian Federation.

9. In the logbook of inspections by officials of the state control (supervision) body, the municipal control body, a record of the inspection is made, containing information about the name of the state control (supervision) body, the name of the municipal control body, the start and end dates of the inspection, the time of its conduct , legal basis, the purposes, tasks and subject of the check, the violations revealed and the issued instructions, as well as the surnames, names, patronymics and positions of the official or officials conducting the check, his or their signatures.

10. The audit log must be stitched, numbered and certified by the seal of a legal entity, individual entrepreneur.

11. If there is no audit log, a corresponding entry is made in the audit report.

12. A legal entity, an individual entrepreneur, the inspection of which was carried out, in case of disagreement with the facts, conclusions, proposals set out in the inspection report, or with an order issued to eliminate the identified violations within fifteen days from the date of receipt of the inspection report, has the right to submit to the appropriate state body control (supervision), the municipal control body in writing objections to the inspection report and (or) the issued order to eliminate the identified violations in general or its individual provisions. In this case, a legal entity, an individual entrepreneur has the right to attach to such objections documents confirming the validity of such objections, or their certified copies, or transfer them to the state control (supervision) body, the municipal control body within the agreed period.

1. In the event that violations by a legal entity, individual entrepreneur are revealed during the inspection of mandatory requirements or requirements established by municipal legal acts, the officials of the state control (supervision) body, the municipal control body who carried out the inspection, within the powers provided for by the legislation of the Russian Federation, shall be obliged :

1) issue an order to a legal entity, individual entrepreneur to eliminate the identified violations, indicating the time frame for their elimination;

2) take measures to control the elimination of identified violations, prevent them, prevent possible harm to life, health of citizens, harm to animals, plants, the environment, ensure the security of the state, prevent the occurrence of natural and man-made emergencies, as well as measures to attract persons who committed the violations identified, to responsibility.

2. If during the inspection it is established that the activities of a legal entity, its branch, representative office, structural unit, an individual entrepreneur, their operation of buildings, structures, structures, premises, equipment, similar objects, vehicles, the goods they produce and sell (work performed, services provided) pose an immediate threat of harm to the life, health of citizens, harm to animals, plants, the environment the environment, state security, emergencies of natural and man-made nature, or such harm has been caused, the state control (supervision) body, the municipal control body are obliged to immediately take measures to prevent harm or stop causing it, up to a temporary ban on the activities of a legal entity, its branch, a representative office, a structural unit, an individual entrepreneur in the manner prescribed by the Code of the Russian Federation on Administrative Offenses, recall of products that pose a danger to the life, health of citizens and the environment from circulation and to bring to the attention of citizens, as well as other legal entities, individual entrepreneurs in any available way, information about the presence of a threat of harm and ways to prevent it.

Officials of the state control (supervision) body, the municipal control body during the inspection are obliged to:

1) timely and fully implement the powers granted in accordance with the legislation of the Russian Federation to prevent, identify and suppress violations of mandatory requirements and requirements established by municipal legal acts;

2) comply with the legislation of the Russian Federation, the rights and legitimate interests of a legal entity, an individual entrepreneur, the audit of which is being carried out;

3) conduct an inspection on the basis of an order or order of the head, deputy head of the state control (supervision) body, municipal control body on its conduct in accordance with its purpose;

4) carry out an inspection only during the performance of official duties, an on-site inspection only upon presentation of service certificates, a copy of the order or order of the head, deputy head of the state control (supervision) body, the municipal control body, and in the event that, foreseen in part 5 of this Federal Law, copies of the document on approval of the inspection;

5) not to interfere with the head, another official or an authorized representative of a legal entity, an individual entrepreneur, his authorized representative to be present during the inspection and provide explanations on issues related to the subject of the inspection;

6) provide the head, another official or an authorized representative of a legal entity, an individual entrepreneur, his authorized representative present during the inspection, information and documents related to the subject of the inspection;

7) to acquaint the head, another official or an authorized representative of a legal entity, an individual entrepreneur, his authorized representative with the results of the audit;

8) to take into account, when determining the measures taken on the facts of revealed violations, the compliance of these measures of the severity of violations, their potential danger for life, health of people, for animals, plants, the environment, state security, for emergencies of a natural and man-made nature, as well as to prevent unreasonable restriction of the rights and legitimate interests of citizens, legal entities, individual entrepreneurs;

9) prove the validity of their actions when they are appealed by legal entities, individual entrepreneurs in the manner prescribed by the legislation of the Russian Federation;

10) comply with the terms of the inspection established by this Federal Law;

11) not to demand from a legal entity, an individual entrepreneur documents and other information, the submission of which is not provided for by the legislation of the Russian Federation;

12) before the start of the on-site inspection at the request of the head, another official or an authorized representative of a legal entity, an individual entrepreneur, his authorized representative, familiarize them with the provisions of the administrative regulations (if any), in accordance with which the inspection is carried out;

13) make a record of the performed check in the check log.

1. The body of state control (supervision), the body of municipal control, their officials in case improper performance respectively functions, duties, performance illegal actions(inaction) during the inspection shall be held liable in accordance with the legislation of the Russian Federation.

2. Bodies of state control (supervision), municipal control bodies exercise control over the performance of official duties by officials of the relevant bodies, keep records of cases of improper performance of official duties by officials, conduct appropriate official investigations and take measures in relation to such officials in accordance with the legislation of the Russian Federation. persons.

3. Within ten days from the date of adoption of such measures, the state control (supervision) body, the municipal control body must inform the legal entity, individual entrepreneur, rights and ( or) whose legitimate interests have been violated.

1. The results of an inspection carried out by a state control (supervision) body, a municipal control body in gross violation of the requirements for organizing and conducting inspections established by this Federal Law, cannot be evidence of a violation by a legal entity, an individual entrepreneur of the mandatory requirements and requirements established by municipal legal acts, and are subject to cancellation parent body state control (supervision) or by a court on the basis of an application from a legal entity, an individual entrepreneur.

2. Gross violations include violation of the requirements provided for:

1) Parts 2, 3 (insofar as there are no grounds for a scheduled inspection), Part 12 and Part 16 (in terms of the period for notification of an inspection) of this Federal Law;

Federal Law No. 365-FZ of December 27, 2009 supplemented Part 2 of Article 20 of this Federal Law with Clause 1.1, which shall enter into force on January 1, 2011.

1.1) Clause 7 of Article 2 of this Federal Law (in terms of involving citizens and organizations not accredited in the established manner in taking control measures);

Federal Law No. 365-FZ of December 27, 2009 reworded Clause 2 of Part 2 of Article 20 of this Federal Law, which shall enter into force on January 1, 2010.

2) clause 2 of part 2, part 3 (in terms of the grounds for an unscheduled on-site inspection), part 5 (in terms of agreement with the prosecutor's office of an unscheduled on-site inspection in relation to a legal entity, individual entrepreneur) of this Federal Law;

Federal Law No. 365-FZ of December 27, 2009 reworded Clause 3 of Part 2 of Article 20 of this Federal Law, which shall enter into force on January 1, 2010.

3) Part 2 of this Federal Law (in terms of violation of the terms and time of scheduled field inspections in respect of small businesses);

4) Part 1 of this Federal Law (in terms of conducting an inspection without an order or order of the head, deputy head of the state control (supervision) body, municipal control body);

5) clause 3 (in terms of the requirements for documents that are not related to the subject of inspection), clause 6 (in terms of exceeding the established terms for conducting inspections) of this Federal Law;

6) Part 4 of this Federal Law (in terms of failure to submit an inspection report);

Federal Law No. 365-FZ of December 27, 2009 supplemented Part 2 of Article 20 of this Federal Law with Clause 7, which shall enter into force on January 1, 2011.

7) Part 3 of Article 9 of this Federal Law (in terms of conducting scheduled inspections not included in the annual plan for conducting scheduled inspections);

Federal Law No. 365-FZ of December 27, 2009 supplemented Part 2 of Article 20 of this Federal Law with Clause 8, which shall enter into force on January 1, 2011.

8) Part 3 of Article 12 of this Federal Law (in terms of participation in inspections of experts, expert organizations that are in civil and labor relations with legal entities and individual entrepreneurs, in respect of which inspections are carried out).

Chapter 3. The rights of legal entities, individual entrepreneurs in the implementation of state control (supervision), municipal control and protection of their rights

A manager, another official or an authorized representative of a legal entity, an individual entrepreneur, his authorized representative during an inspection have the right to:

1) be directly present during the inspection, give explanations on issues related to the subject of the inspection;

2) receive from the state control (supervision) body, the municipal control body, their officials information that relates to the subject of the audit and the provision of which is provided for by this Federal Law;

3) get acquainted with the results of the inspection and indicate in the inspection report about his acquaintance with the results of the inspection, consent or disagreement with them, as well as with individual actions of officials of the state control (supervision) body, municipal control body;

4) to appeal against the actions (inaction) of officials of the state control (supervision) body, the municipal control body, which entailed a violation of the rights of a legal entity, an individual entrepreneur during an inspection, in an administrative and (or) judicial procedure in accordance with the legislation of the Russian Federation.

1. Harm caused to legal entities, individual entrepreneurs as a result of actions (inaction) of officials of a state control (supervision) body, a municipal control body, recognized as unlawful in the manner prescribed by the legislation of the Russian Federation, is subject to compensation, including lost profits (lost income), at the expense of funds from the respective budgets in accordance with civil law.

2. When determining the amount of harm caused to legal entities, individual entrepreneurs illegal actions(inaction) of the state control (supervision) body, the municipal control body, their officials, also take into account the costs of legal entities, individual entrepreneurs attributed to the cost of products (works, services) or to the financial results of their activities, and the costs that legal entities, individual entrepreneurs, whose rights and (or) legitimate interests are violated, have exercised or must implement in order to obtain legal or other professional assistance.

3. Harm caused to legal entities, individual entrepreneurs by lawful actions of officials of the state control (supervision) body, municipal control body, shall not be subject to compensation, except for cases stipulated by federal laws.

1. Protection of the rights of legal entities, individual entrepreneurs in the implementation of state control (supervision), municipal control is carried out in an administrative and (or) judicial procedure in accordance with the legislation of the Russian Federation.

2. An application for appealing against actions (inaction) of a state control (supervision) body or a municipal control body or their officials is subject to consideration in the manner prescribed by the legislation of the Russian Federation.

3. Normative legal acts of state control (supervision) bodies or municipal legal acts of municipal control bodies that violate the rights and (or) legitimate interests of legal entities, individual entrepreneurs and do not comply with the legislation of the Russian Federation, may be invalidated in whole or in part in the manner prescribed the legislation of the Russian Federation.

1. Legal entities, regardless of their organizational and legal form, in accordance with the statutory documents, individual entrepreneurs have the right to protect their rights and (or) legitimate interests in the manner prescribed by the legislation of the Russian Federation.

2. Associations of legal entities, individual entrepreneurs, self-regulatory organizations have the right to:

1) apply to the prosecutor's office with a request to bring a protest against normative legal acts that are contrary to the law, on the basis of which inspections of legal entities, individual entrepreneurs are carried out;

2) apply to the court in defense of the rights and (or) legitimate interests of legal entities, individual entrepreneurs who are members of these associations, self-regulatory organizations violated in the course of state control (supervision), municipal control.

1. When conducting inspections, legal entities are obliged to ensure the presence of managers, other officials or authorized representatives legal entities; individual entrepreneurs are obliged to attend or ensure the presence of authorized representatives responsible for organizing and carrying out measures to fulfill the mandatory requirements and requirements established by municipal legal acts.

2. Legal entities, their heads, other officials or authorized representatives of legal entities, individual entrepreneurs, their authorized representatives who have violated this Federal Law, unreasonably obstructing the conduct of inspections, evading inspections and (or) failing to fulfill the orders of the bodies within the prescribed period state control (supervision), municipal control bodies on the elimination of identified violations of mandatory requirements or requirements established by municipal legal acts are liable in accordance with the legislation of the Russian Federation.

Chapter 4. Final Provisions

Declare invalid:

1) Federal Law of August 8, 2001 N 134-FZ "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs during State Control (Supervision)" (Collected Legislation of the Russian Federation, 2001, N 33, Art. 3436);

2) Federal Law of October 30, 2002 N 132-FZ "On Amendments to Article 1 of the Federal Law" On the Protection of the Rights of Legal Entities and Individual Entrepreneurs during State Control (Supervision) "(Collected Legislation of the Russian Federation, 2002, N 44, art. 4297);

3) Clause 2 of Article 33 of the Federal Law of January 10, 2003 N 17-FZ "On Railway Transport in the Russian Federation" (Collected Legislation of the Russian Federation, 2003, N 2, Art. 169);

4) Federal Law of October 1, 2003 N 129-FZ "On Amendments and Additions to Article 7 of the Federal Law" On the Protection of the Rights of Legal Entities and Individual Entrepreneurs during State Control (Supervision) "(Collected Legislation of the Russian Federation, 2003, N 40, p. 3820);

5) Article 2 of the Federal Law of July 2, 2005 N 80-FZ "On Amendments to the Federal Law" On Licensing Certain Types of Activities ", the Federal Law" On the Protection of the Rights of Legal Entities and Individual Entrepreneurs during State Control (Supervision) "and Code of the Russian Federation on Administrative Offenses "(Collected Legislation of the Russian Federation, 2005, N 27, Art. 2719);

6) article 3 of the Federal Law of December 31, 2005 N 206-FZ "On Amendments to the Federal Law" On the Enactment of the Town Planning Code of the Russian Federation "and some others legislative acts Of the Russian Federation on the improvement of urban planning activities "(Collected Legislation of the Russian Federation, 2006, N 1, Art. 17).

Federal Law of April 28, 2009 No. N 60-FZ amended article 27 of this Federal Law

Article 27. Entry into force of this Federal Law

1. This Federal Law shall enter into force on May 1, 2009, with the exception of provisions for which this article provides for other terms of their entry into force.

1.1. Clause 6 of Article 3, Clause 8, Clause 3 of Part 8 of Article 9, Clause 1 of Part 3 of Article 12 of this Federal Law shall enter into force on July 1, 2009.

1.2. Part 1 of Article 9 of this Federal Law in terms of compliance of the information contained in the notification of the start of certain types of entrepreneurial activity with the mandatory requirements and Part 3 of Article 11 of this Federal Law in terms of consideration of the notification of the start of certain types of entrepreneurial activity are applied from July 1, 2009 ...

1.3. The provisions of this Federal Law in relation to experts, expert organizations accredited in the manner established by the Government of the Russian Federation shall be applied from July 1, 2009.

2. Parts 6 and 7 of Article 9 of this Federal Law shall enter into force on January 1, 2010.

2.1. The provisions of this Federal Law shall not apply to the exercise of state control (supervision) over the activities of bankruptcy commissioners until December 31, 2009 inclusive.

3. Normative legal acts in force on the territory of the Russian Federation shall be applied to the extent that they do not contradict this Federal Law, from the date this Federal Law enters into force until the day they are brought into compliance with this Federal Law.

4.From January 1, 2011, legal entities and individual entrepreneurs have the right to send to the federal executive body authorized by the Government of the Russian Federation in the relevant area notifications of the start of entrepreneurial activities in the form of an electronic document signed with an electronic digital signature, in the manner established by the Government of the Russian Federation.

Federal Law of December 28, 2010 amended part 5 of Article 27 of this Federal Law

Federal Law No. 365-FZ of December 27, 2009 amended part 5 of Article 27 of this Federal Law

5. Until July 1, 2011, the provisions of this Federal Law, establishing the procedure for organizing and conducting inspections in the part concerning the type, subject, grounds for inspections and the timing of their conduct, shall not apply when exercising state control (supervision) specified in Part 4 of Article 1 of this Federal Law.

Federal Law No. 242-FZ of July 30, 2010 supplemented Article 27 of this Federal Law with part 6

6. Until July 1, 2014, on the territory of the municipality of the resort city of Sochi, the provisions of this Federal Law, establishing the procedure for organizing and conducting inspections in terms of the type, subject, grounds for inspections, timing and frequency of their conduct, are not applied in the implementation of state control ( supervision), municipal control over the provision of hotel services, services for temporary accommodation and provision of temporary accommodation, over compliance with their classification of hotels and (or) other accommodation facilities, over the monitoring of the implementation of contracts concluded by the rightholders of hotels and other accommodation facilities with an autonomous non-profit organization "The Organizing Committee of the XXII Olympic Winter Games and XI Paralympic Winter Games 2014 in Sochi", on the organization of accommodation for guests of the XXII Olympic Winter Games and XI Paralympic Winter Games 2014 in the city of Sochi, for meeting the requirements of land use rules and swarms of the municipality of the resort city of Sochi, requirements special use territories within the boundaries of zones of special architectural and planning organization of the territory, subject to compliance with the requirements fire safety, sanitary-epidemiological and hygienic requirements, requirements in the field of construction and the requirements of the legislation of the Russian Federation on the protection of consumer rights.

President of the Russian Federation D. Medvedev

Moscow Kremlin

The main principles of protecting the rights of legal entities and individual entrepreneurs during state control (supervision) are:

presumption of good faith of a legal entity or individual entrepreneur;

observance international treaties Russian Federation;

openness and accessibility for legal entities and individual entrepreneurs of regulatory legal acts that establish mandatory requirements, the fulfillment of which is checked during state control (supervision);

the establishment of mandatory requirements by federal laws and regulatory legal acts adopted in accordance with them;

carrying out control measures by authorized officials of state control (supervision) bodies;

conformity of the subject of the carried out control measure to the competence of the state control (supervision) body;

the frequency and efficiency of the control measure, which provides for its complete and fastest possible implementation within a specified period;

accounting of control measures carried out by state control (supervision) bodies;

the possibility of appealing against actions (inaction) of officials of state control (supervision) bodies that violate the procedure for carrying out control measures established by this Federal Law, other federal laws and regulatory legal acts adopted in accordance with them;

recognition, in the manner prescribed by federal legislation, invalid (in whole or in part) of normative legal acts establishing mandatory requirements, compliance with which is subject to verification if they do not comply with federal laws;

elimination in in full the state control (supervision) bodies of the violations committed in the event that the court recognizes the complaint of a legal entity or an individual entrepreneur as justified;

responsibility of state control (supervision) bodies and their officials during state control (supervision) for violation of the legislation of the Russian Federation;

inadmissibility of collection by state control (supervision) bodies of fees from legal entities and individual entrepreneurs for carrying out control measures, except for cases of reimbursement of expenses of state control (supervision) bodies for research (tests) and examinations, as a result of which violations of mandatory requirements were revealed;

inadmissibility of direct receipt by state control (supervision) bodies of deductions from the amounts collected from legal entities and (or) individual entrepreneurs as a result of control measures.

Powers of federal executive bodies in the field of protection of the rights of legal entities and individual entrepreneurs during state control (supervision)

Control measures are carried out on the basis of orders (orders, which indicate the number and date, name of the state control body, full name and position of persons, both parties, goals and objectives of the event) of state control (supervision) bodies.

An order (order) to carry out a control measure or a stamped copy thereof shall be presented by an official carrying out the control measure, to the head or other official of a legal entity, or to an individual entrepreneur simultaneously with an official certificate.

• 2. A control measure can be carried out only by the official (persons) specified in the order (order) on the control measure.
• 3. The duration of the control measure should not exceed one month. (It can be extended in connection with the examination, but no more than 1 month).
• 4. In order to verify that legal entities and individual entrepreneurs comply with the mandatory requirements, the state control (supervision) body, within its competence, carries out planned control measures.
• 5. Unscheduled check, the subject of which is the control of the execution of orders to eliminate the revealed violations, the activity of a legal entity or an individual entrepreneur is subject to the detection of violations of mandatory requirements as a result of a planned measure to control.

Unscheduled control measures are carried out by state control (supervision) bodies also in the following cases:

receiving information from legal entities, individual entrepreneurs, government authorities about emergencies, changes or violations technological processes, as well as the failure of structures, equipment that can directly harm the life, health of people, the environment and property of citizens, legal entities and individual entrepreneurs;

the emergence of a threat to the health and life of citizens, environmental pollution, damage to property, including in relation to homogeneous goods (works, services) of other legal entities and (or) individual entrepreneurs;

In the event of violations of mandatory requirements by members of a self-regulatory organization, officials of the state control (supervision) body are obliged to inform the self-regulatory organization of the identified violations when carrying out planned control measures. Decision with an indication of the violations committed by the members of the self-regulatory organization and the circumstances that served as the basis for making such a decision, is communicated by the state control (supervision) body in writing to the self-regulatory organization within three days from the date of its adoption.

When carrying out control measures, officials of state control (supervision) bodies are not entitled to:

check the fulfillment of mandatory requirements that are not within the competence of the state control (supervision) body, on behalf of which the officials act;

to carry out scheduled inspections in the absence of officials or employees of the audited legal entities or individual entrepreneurs or their representatives during the control measures;

require the submission of documents, information, samples (samples) of products, if they are not objects of control measures and do not relate to the subject of inspection, as well as seize the originals of documents related to the subject of inspection;

demand samples (samples) of products for their research (tests), examination without drawing up an act on the selection of samples (samples) of products in the prescribed form and in an amount exceeding the norms established state standards or other regulatory documents;

disseminate information constituting a secret protected by law and obtained as a result of control measures, with the exception of cases provided for by the legislation of the Russian Federation;

exceed the established timeframes for carrying out control measures.

The procedure for registering the results of a control measure

1. Based on the results of the control measure, the official (persons) of the state control (supervision) body carrying out the inspection draws up an act of the established form in two copies.

The act specifies:

date, time and place of drawing up the act;

name of the state control (supervision) body;

date and number of the order on the basis of which the control measure was carried out;

surname, name, patronymic and position of the person (s) who conducted the control event;

the name of the audited legal entity or the last name, first name, patronymic of an individual entrepreneur, last name, first name, patronymic, position of a representative of a legal entity or a representative of an individual entrepreneur who were present at the control event;

date, time and place of the control event;

information on the results of the control measure, including the violations identified, their nature, and the persons who are held responsible for these violations;

information on familiarization or refusal to familiarize with the act of a representative of a legal entity or individual entrepreneur, as well as persons who were present at the control event, their signature or refusal to sign;

signature of the official (s) who carried out the control measure.

The act is accompanied by acts on the selection of samples (samples) of products, protocols (conclusions) of studies (tests) and examinations, explanations of officials of state control (supervision) bodies.

• 2. One copy of the act with copies of the appendices is handed over to the head of the legal entity or his deputy and the individual entrepreneur or their representatives against receipt or sent by mail with a receipt acknowledgment, which is attached to the copy of the act that remains in the file of the state control (supervision) body.
• 3. If, as a result of measures to control an administrative offense, an official of the state control (supervision) body draws up a protocol in the manner prescribed by the legislation of the Russian Federation on administrative offenses, and orders are given to eliminate the revealed violations.
• 4. The results of the control measures containing information constituting state secret, are drawn up in compliance with the requirements provided for by the legislation of the Russian Federation on the protection of state secrets.
• 5. Legal entities and individual entrepreneurs keep a log of control measures.

The register of control measures must be stitched, numbered and certified with the seal of a legal entity or individual entrepreneur.

In the absence of a register of control measures, a corresponding entry is made in the act drawn up based on the results of the control measure taken.

Measures taken by officials of state control (supervision) bodies on the facts of violations revealed during the control measures

• 1. If violations of mandatory requirements are revealed by a legal entity or an individual entrepreneur, they are obliged to take measures to control the elimination of identified violations, their prevention, prevention of possible harm to life, human health, the environment and property, as well as measures to attract persons who have committed violations, to responsibility.
• 2. If, during the control measure, it is established that the product (work, service) can cause harm to the life, health, environment and property of consumers, the state control (supervision) body is obliged to bring to the attention of consumers information about the dangerous product ( work, service).
• 3. The body of state control (supervision) may apply to the court with a claim for reimbursement of expenses for conducting research (tests) and examinations, as a result of which violations of mandatory requirements have been revealed.

The right of legal entities and individual entrepreneurs to compensation for losses incurred during state control (supervision)

When determining the amount of losses caused to a legal entity or an individual entrepreneur by unlawful actions of officials of a state control (supervision) body, the costs of a legal entity or an individual entrepreneur are also taken into account, attributed to the cost of products (works, services) or to the financial results of its activities, as well as costs , which a legal entity or individual entrepreneur, whose rights are violated, produced or will have to produce in order to obtain legal or other professional assistance.

Officials and (or) representatives of a legal entity and individual entrepreneurs and (or) their representatives, when carrying out control measures, have the right to:

be directly present during the control measures, give explanations on issues related to the subject of the check;

receive information, the provision of which is provided for by this Federal Law and other regulatory legal acts;

to get acquainted with the results of control measures and indicate in the acts of their acquaintance, consent or disagreement with them, as well as with individual actions of officials of state control (supervision) bodies;

to appeal against actions (inaction) of officials of state control (supervision) bodies in administrative and (or) judicial procedure in accordance with the legislation of the Russian Federation.

Legal entities and individual entrepreneurs ensure, at the request of the state control (supervision) body, the presence of their officials responsible for organizing and carrying out measures to comply with mandatory requirements, and (or) their representatives when carrying out control measures.

2.2. Protection of the rights of legal entities and individual entrepreneurs in the implementation of state control (supervision) and municipal control

The main legislative act in the field of protecting the rights of legal entities and individual entrepreneurs in exercising control over supervision is the Federal Law of December 26, 2008 No. 294-FZ "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision) and Municipal Control" ( hereinafter - Federal Law No. 294-FZ), in Art. 2 of which, in particular, it is determined:

state control (supervision)- the activities of authorized government bodies (federal executive bodies and executive bodies of the constituent entities of the Russian Federation) aimed at preventing, detecting and suppressing violations by legal entities, their heads and other officials, individual entrepreneurs, their authorized representatives (hereinafter also referred to as legal entities , individual entrepreneurs) of the requirements established by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation (hereinafter referred to as mandatory requirements) adopted in accordance with them, by organizing and conducting inspections of legal entities , individual entrepreneurs, the adoption of measures provided for by the legislation of the Russian Federation to suppress and (or) eliminate the consequences of the violations identified, as well as the activities of these fully authorized government bodies for systematic monitoring of compliance with mandatory requirements, analysis and forecasting of the state of compliance with mandatory requirements in the implementation of activities by legal entities, individual entrepreneurs. Separate powers for the implementation of federal state forest supervision, federal state fire supervision, state supervision in the use and protection of specially protected natural areas, state port control, in accordance with federal laws, may be exercised by state institutions subordinate, respectively, to federal executive bodies and executive bodies of constituent entities. Russian Federation;

federal state control (supervision)- activities of federal executive bodies authorized to exercise state control (supervision) throughout the territory of the Russian Federation. The procedure for organizing and exercising federal state control (supervision) in the relevant field of activity is established by the President of the Russian Federation or the Government of the Russian Federation if this procedure is not established by federal law. The powers of the Russian Federation to exercise federal state control (supervision) in certain spheres of activity may be transferred to the bodies of state power of the constituent entities of the Russian Federation by federal laws;

regional state control (supervision)- activities of executive authorities of a constituent entity of the Russian Federation authorized to exercise state control (supervision) on the territory of this constituent entity of the Russian Federation, carried out by these bodies independently at the expense of the budget of the constituent entity of the Russian Federation. The procedure for organizing and exercising regional state control (supervision) is established by the supreme executive body of state power of the constituent entity of the Russian Federation, taking into account the requirements for the organization and implementation of state control (supervision) in the relevant field of activity, determined by the President of the Russian Federation or the Government of the Russian Federation, if the specified the procedure is not provided for by federal law or the law of a constituent entity of the Russian Federation. The powers of the constituent entities of the Russian Federation to exercise regional state control (supervision) in certain areas of activity may be delegated to local self-government bodies for implementation by the laws of the constituent entities of the Russian Federation;

municipal control- activities of local self-government bodies authorized in accordance with federal laws to organize and conduct inspections on the territory of a municipal formation of compliance by legal entities, individual entrepreneurs with the requirements established by municipal legal acts, as well as the requirements established by federal laws, laws of the constituent entities of the Russian Federation, in cases if the relevant types of control relate to issues of local importance. The procedure for organizing and exercising municipal control in the relevant field of activity is established by municipal legal acts or the law of a constituent entity of the Russian Federation and municipal legal acts adopted in accordance with it;

control event- the actions of an official or officials of a state control (supervision) body or a municipal control body and, if necessary, in the procedure established by this Federal Law, to conduct inspections of experts, expert organizations for the examination of documents of a legal entity, an individual entrepreneur, for the examination of those used by these persons in the implementation of activities of territories, buildings, structures, structures, premises, equipment, similar objects, vehicles and goods transported by the specified persons, for the selection of samples of products, environmental objects, objects of the industrial environment, for their research, testing, as well as for carrying out expert examinations and investigations aimed at establishing a causal relationship between the revealed violation of mandatory requirements and (or) requirements established by municipal legal acts, with the facts of harm;

examination- a set of control measures carried out by a state control (supervision) body or a municipal control body in relation to a legal entity, an individual entrepreneur to assess the compliance of their activities or actions (inaction), the goods produced and sold by them (work performed, services provided) with mandatory requirements, and the requirements established by municipal legal acts;

experts, expert organizations- citizens with special knowledge, experience in the relevant field of science, technology, economic activity, and organizations accredited in the manner established by the Government of the Russian Federation in the relevant field of science, technology, economic activity, which are involved by state control (supervision) bodies, municipal control bodies to carry out control measures. Payment for the services of experts and expert organizations, as well as reimbursement of incurred by them in connection with participation in cost control measures, shall be made in the manner and amount established by the Government of the Russian Federation.

According to Art. 3Federal Law No. 294-FZ The basic principles of protecting the rights of legal entities, individual entrepreneurs in the implementation of state control (supervision), municipal control are:

1) predominantly a notification procedure for the commencement of certain types of entrepreneurial activity;

2) the presumption of good faith of legal entities, individual entrepreneurs;

3) openness and accessibility for legal entities, individual entrepreneurs of regulatory legal acts of the Russian Federation, municipal legal acts, compliance with which is checked during the implementation of state control (supervision), municipal control, as well as information on the organization and implementation of state control (supervision), municipal control , on the rights and obligations of state control (supervision) bodies, municipal control bodies, their officials, with the exception of information, the free distribution of which is prohibited or limited in accordance with the legislation of the Russian Federation;

4) conducting inspections in accordance with the powers of the state control (supervision) body, the municipal control body, their officials;

5) the inadmissibility of inspections of the fulfillment of the same mandatory requirements and requirements established by municipal legal acts carried out in relation to one legal entity or one individual entrepreneur by several state control (supervision) bodies, municipal control bodies;

6) the inadmissibility of the requirement for legal entities, individual entrepreneurs to obtain permits, opinions and other documents issued by state authorities, local authorities, to start entrepreneurial activities, with the exception of cases provided for by federal laws;

7) responsibility of state control (supervision) bodies, municipal control bodies, their officials for violation of the legislation of the Russian Federation in the implementation of state control (supervision), municipal control;

8) inadmissibility of collection by state control (supervision) bodies, municipal control bodies from legal entities, individual entrepreneurs of payment for carrying out control measures;

9) financing from the funds of the respective budgets carried out by state control (supervision) bodies, municipal control bodies of inspections, including control measures;

10) delineation of powers of federal executive bodies in the relevant areas of activity, authorized to exercise federal state control (supervision), government bodies of the constituent entities of the Russian Federation in the relevant areas of activity, authorized to exercise regional state control (supervision), on the basis of federal laws and laws subjects of the Russian Federation.

The rights of a legal entity, an individual entrepreneur during the inspection are enshrined in Art. 21 of the Federal Law No. 294-FZ, according to which the head, another official or an authorized representative of a legal entity, an individual entrepreneur, his authorized representative during the inspection have the right to:

1) be directly present during the inspection, give explanations on issues related to the subject of the inspection;

2) receive from the state control (supervision) body, the municipal control body, their officials information that relates to the subject of the audit and the provision of which is provided for by this Federal Law;

3) get acquainted with the results of the inspection and indicate in the inspection report about his acquaintance with the results of the inspection, consent or disagreement with them, as well as with individual actions of officials of the state control (supervision) body, municipal control body;

4) to appeal against the actions (inaction) of officials of the state control (supervision) body, the municipal control body, which entailed a violation of the rights of a legal entity, an individual entrepreneur during an inspection, in an administrative and (or) judicial procedure in accordance with the legislation of the Russian Federation;

5) involve the Commissioner under the President of the Russian Federation for the protection of the rights of entrepreneurs or the commissioner for the protection of the rights of entrepreneurs in the constituent entity of the Russian Federation to participate in the audit.

In accordance with Art. 22 of the Federal Law No. 294-FZ, harm caused to legal entities, individual entrepreneurs as a result of actions (inaction) of officials of a state control (supervision) body, a municipal control body, recognized as unlawful in the manner prescribed by the legislation of the Russian Federation, is subject to compensation, including lost profits (lost income ), at the expense of the respective budgets in accordance with civil law.

When determining the amount of harm caused to legal entities, individual entrepreneurs by unlawful actions (inaction) of the state control (supervision) body, municipal control body, their officials, the expenses of legal entities, individual entrepreneurs attributed to the cost of products (works, services) or on the financial results of their activities, and the costs that legal entities, individual entrepreneurs, whose rights and (or) legitimate interests are violated, have carried out or must carry out in order to obtain legal or other professional assistance.

The harm caused to legal entities, individual entrepreneurs by lawful actions of officials of the state control (supervision) body, municipal control body is not subject to compensation, except for cases provided for by federal laws.

Based on Art. 23 of Federal Law No. 294-FZ, the protection of the rights of legal entities, individual entrepreneurs in the exercise of state control (supervision), municipal control is carried out in an administrative and (or) judicial procedure in accordance with the legislation of the Russian Federation.

An application for appealing against actions (inaction) of a state control (supervision) body or a municipal control body or their officials is subject to consideration in the manner prescribed by the legislation of the Russian Federation.

Normative legal acts of state control (supervision) bodies or municipal legal acts of municipal control bodies that violate the rights and (or) legitimate interests of legal entities, individual entrepreneurs and do not comply with the legislation of the Russian Federation, may be invalidated in whole or in part in the manner established by the legislation of the Russian Federation. Federation.

By virtue of Art. 25 of the Federal Law No. 294-FZ, when conducting inspections, legal entities are obliged to ensure the presence of managers, other officials or authorized representatives of legal entities; individual entrepreneurs are obliged to attend or ensure the presence of authorized representatives responsible for organizing and carrying out measures to fulfill the mandatory requirements and requirements established by municipal legal acts.

Legal entities, their heads, other officials or authorized representatives of legal entities, individual entrepreneurs, their authorized representatives who have violated this Federal Law, unreasonably obstructing inspections, evading inspections and (or) failing to comply with the orders of state control bodies within the prescribed period (supervision), municipal control bodies on the elimination of identified violations of mandatory requirements or requirements established by municipal legal acts are liable in accordance with the legislation of the Russian Federation.

Along with the above general rules, it is necessary to pay attention to the rights and obligations individual entrepreneurs and legal entities established Federalmlawohmof March 30, 1999№ 52-FZ « On the sanitary and epidemiological well-being of the population».

So, in Art. 9Federal Law No. 52-FZ states that individual entrepreneurs and legal entities have the right:

To receive, in accordance with the legislation of the Russian Federation, from state authorities, local self-government bodies, bodies exercising federal state sanitary and epidemiological supervision, information on the sanitary and epidemiological situation, the state of the environment, sanitary rules;

Participate in the development federal authorities executive power, executive bodies of the constituent entities of the Russian Federation, local self-government bodies of measures to ensure the sanitary and epidemiological well-being of the population;

To compensate in full for damage caused to their property as a result of violation by citizens, other individual entrepreneurs and legal entities of sanitary legislation, as well as during the implementation of sanitary and anti-epidemic (preventive) measures, in the manner prescribed by the legislation of the Russian Federation.

According to Art. 11 of Federal Law No. 52-FZ, individual entrepreneurs and legal entities, in accordance with their activities, are obliged to:

Comply with the requirements of sanitary legislation, as well as decrees, orders of officials exercising federal state sanitary and epidemiological supervision;

To develop and carry out sanitary and anti-epidemic (preventive) measures;

Ensure safety for human health of the work performed and the services provided, as well as production and technical products, food products and goods for personal and household needs during their production, transportation, storage, sale to the population;

Carry out production control, including through laboratory research and testing, over the observance of sanitary and epidemiological requirements and the implementation of sanitary and anti-epidemic (preventive) measures during the performance of work and the provision of services, as well as during the production, transportation, storage and sale of products;

Carry out work to substantiate the safety for humans of new types of products and technologies for their production, safety criteria and (or) harmlessness of environmental factors and develop methods of control over environmental factors;

Timely inform the population, local self-government bodies, bodies exercising federal state sanitary and epidemiological supervision, about emergency situations, production stoppages, violations of technological processes that pose a threat to the sanitary and epidemiological well-being of the population.

In Art. 32 of Federal Law No. 52-FZ, it is determined that production control, including laboratory research and testing, over compliance with sanitary and epidemiological requirements and the implementation of sanitary and anti-epidemic (preventive) measures in the process of production, storage, transportation and sale of products, performance of work and the provision of services, as well as working conditions, is carried out by individual entrepreneurs and legal entities in order to ensure the safety and (or) harmlessness to humans and the environment of such products, works and services.

Production control is carried out in accordance with the procedure established by technical regulations or sanitary rules applied before the date of entry into force of the relevant technical regulations, as well as labor safety standards, unless otherwise provided by federal law.

The persons exercising production control are responsible for the timeliness, completeness and reliability of its implementation.

To ensure the proper application of legislative norms, it is necessary to pay attention to the Methodological Recommendations on the Application of the Norms of the Federal Law dated December 26, 2008 No. 294-FZ "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision) and Municipal Control" by officials of the central apparatus and territorial bodies Of the Federal Service for Supervision of Consumer Rights Protection and Human Wellbeing of the Russian Federation in the Exercise of State Control (Supervision), approved by by order Federal Service for Supervision of Consumer Rights Protection and Human Welfare of March 24, 2010 No. 103.