Legal entities and individual entrepreneurs are under state (municipal) supervision of the relevant bodies, which have the right to conduct inspections at enterprises. And in order to be prepared for visits from supervisory authorities, organizations and businessmen should know the most important thing about the inspection plan for 2017. More about this in our review.
Verification is a series of measures that ensure control over the work of individual entrepreneurs and legal entities. By general rule her main task the following points are clarified:
There are several types of checks. You should know their features before considering the consolidated inspection plan for 2017.
Criterion | Variety | What they check | Who is being checked? |
Venue Scope of inspection | Documentary (cameral is one of its varieties) | Information about status, rights and obligations, their implementation | Conducted in relation to individual entrepreneurs and legal entities |
Visiting | Information about employees, buildings, premises, equipment, goods, works or services, etc. | ||
Method of organization | Planned | Compliance with mandatory requirements and compliance with data on the legal entity entered into state registers | |
Unscheduled | Compliance with requirements in relation to the activities carried out, compliance with existing instructions of supervisory authorities to prevent negative consequences life and health, environment etc. |
Each test has its own characteristics. They differ in places and methods of implementation, objects and subjects.
Please note that for unscheduled inspections of the work of legal entities and individual entrepreneurs special reasons are needed. At the same time, such audits, of course, are not included in the plan (for example, posted on the website of the Prosecutor General's Office of the Russian Federation).
But scheduled inspections are carried out in accordance with pre-drawn up plans for each region of Russia. Moreover, they draw up a project in advance. Afterwards it is agreed upon and adjusted if necessary. And then they further affirm.
A scheduled inspection can be on-site or documentary. The inspection plan must indicate the location of the inspection and some other nuances.
On July 13, 2015, Federal Law No. 246-FZ was adopted, according to which, from January 1, 2016 to December 31, 2018, restrictions apply to scheduled inspections of small businesses. True, they do not apply to following categories firms and individual entrepreneurs (still not included in the consolidated inspection plan for 2017):
The remaining categories of business entities may not be included at all in the plan for inspections of legal entities for 2017. As a last resort, it is necessary to draw up a written application to exclude you from the lists.
Also from 07/01/2016 officials those conducting inspections of individual entrepreneurs and legal entities cannot request the following documents and information:
The ban on the collection of such information was introduced by Decree of the Government of the Russian Federation No. 724-r, adopted on April 19, 2016.
But Law No. 272-FZ of July 3, 2016 came into force. He made changes to Labor Code RF. Namely, in Article 360. Now it is possible to conduct an unscheduled inspection regarding violations of labor legislation and other acts affecting the labor situation of the population after the State Labor Inspectorate has received information about them in any way. Even if the information came from the media.
Such a check can be initiated, for example, in the event of signals of the following violations:
Moreover: this law allows for an unscheduled audit even without a complaint from an employee of the enterprise.
Law No. 294-FZ Plan for conducting inspections of organizations and individual entrepreneurs in 2017.”
Regional supervisory authorities send projects for future inspections against business representatives to the prosecutor's office of their constituent entities of the Russian Federation. Deadline: September 1 of the current year. After this, they are reviewed and adjustments can be made. Then the plans are returned again to the supervisory authorities. Only after this they are approved, and then sent no later than November 1 to the prosecutor's office.
Carrying out a check for general principles acceptable if 3 years have already passed since:
In this case, a new inspection is possible earlier than 3 years after the end of the previous one, if we are talking about:
But this rule does not apply to enterprises and individual entrepreneurs working in the educational, social and healthcare sectors. There may be more inspections over 3 years.
For all types of inspections, the procedure for conducting them and preparing the necessary documentation is set out in Law No. 294-FZ.
The basis for conducting an inspection may be an order or instruction on behalf of the head or his deputy of a municipal or state control. Such a document must indicate the type and form of verification.
As a general rule, controllers must be notified of a scheduled audit 3 days before it begins. In this case, they must send a copy of the documentary basis for the inspection.
Upon completion of all control activities, a report is filled out according to the established template. One copy of it remains at the enterprise.
Please note that the legislation on scheduled inspections does not apply in some cases. For example, the list does not include currency and tax controls.
Inspections regarding accidents resulting in death or disability of workers are also not included in the annual inspection plan. But this is for objective reasons.
You can find it on the official website General Prosecutor's Office Russian Federation (http://plan.genproc.gov.ru/plan2017/). To find out whether inspections are planned for a specific company or individual entrepreneur, you need to enter the following data into the search form (you can limit yourself to one or more items):
If a business entity actually faces an inspection, the search results will include its duration in working days or hours, as well as the subject of the inspection (for example, ensuring consumer rights, sanitary and epidemiological supervision, fire supervision, supervision in the field of industrial safety, compliance with licensing regulations). requirements, etc.).
What should you consider when preparing a response to a request from a regulatory authority during an inspection? How to assess the compliance of inspectors’ actions with the law? Users of the GARANT system can receive prompt assistance from experts by phone by connecting a new product "Expert advice. Inspections, taxes, law" .
Let us recall that the General Prosecutor's Office of the Russian Federation publishes a consolidated plan for inspections of business entities annually based on data provided by regulatory authorities (, 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”; hereinafter referred to as Law No. 294-FZ). However, tax audits are not included in the plan.
Starting from January 1, 2017, another form of inspection appeared - test purchase. But such purchases will be carried out without prior notification to the company or individual entrepreneur and on the grounds provided for unscheduled inspections (). Therefore, there is no information about them in the consolidated inspection plan.
Small businesses continue to enjoy supervisory holidays, which will last until December 31, 2018. This means that scheduled inspections are not carried out against them if within three recent years they did not commit gross violations. If a small business representative nevertheless finds a record of an upcoming inspection on the website of the Prosecutor General's Office of the Russian Federation, he can.
Is the organization or individual entrepreneur included in the inspection plan of a particular department in 2018? How can I check this? Are these plans summarized on the website of the Prosecutor General's Office? Let's answer these questions.
Ministries and departments carry out scheduled inspections on the basis of annually approved plans. Such inspections are called scheduled. Departments post their plans on their websites. This is required in parts 3 and 5 of Article 9 of Chapter 2 of the Federal Law of December 26, 2008 No. 294-FZ. The consolidated inspection plan for all departments for 2018 is posted on the website of the Prosecutor General's Office. This is where you can check whether inspections of organizations and individual entrepreneurs are planned in 2018.
To find out whether a company or individual entrepreneur should expect inspectors from regulatory authorities in 2018, you will need to enter the following data into a special search form (all at once or some of them):
You can also look up inspection plans on the websites of specific ministries and departments. Further in the table we provide a link to sites with inspection plans for 2018.
Inspection body | Link to inspection plan |
Ministry of Finance / Federal Tax Service | Organizations and entrepreneurs (consolidated) |
Ministry of Finance of Russia/Federal Treasury | Control of audit organizations* |
FSS/PFR | The FSS of Russia and the Pension Fund of Russia carry out scheduled on-site inspections jointly. The schedule of such inspections can be found on the website of your regional branch of the FSS of Russia |
Ministry of Labor of Russia/Rostrud | Organizations and entrepreneurs |
Prosecutor's office | Organizations and entrepreneurs |
Ministry of Economic Development of Russia/Federal Agency for State Property Management | Federally owned property |
Ministry of Economic Development of Russia / Federal service state registration, cadastre and cartography | Land supervisionLand supervision |
Ministry of Economic Development of Russia / Federal Accreditation Service | Accredited persons |
Ministry of Economic Development of Russia / Federal Service for Intellectual Property | Organizations |
Ministry of Health of Russia/Federal Service for Surveillance in Healthcare | Organizations and entrepreneurs |
Ministry of Health of Russia/Federal Medical and Biological Agency | Organizations and entrepreneurs |
Ministry of Industry and Trade of Russia/Federal Agency for Technical Regulation and Metrology | Organizations and entrepreneurs |
Ministry of Natural Resources of Russia/Federal Service for Hydrometeorology and Environmental Monitoring | Organizations |
Ministry of Natural Resources of Russia/Federal Forestry Agency | Licensing Organizations and entrepreneurs |
Ministry of Natural Resources of Russia/Federal Service for Supervision of Natural Resources | Organizations and entrepreneurs |
Russian Ministry of Defense/Federal Service for Technical and Export Control | Export control |
Ministry of Transport of Russia/Federal Air Transport Agency | Organizations and entrepreneursOrganizations and entrepreneurs |
For small businesses, there are supervisory holidays for three years: in 2016–2018, small businesses should not come for a scheduled inspection. This applies to inspections by Rostrud, the Federal Migration Service of Russia, Rostekhnadzor and Gospozhnadzor. However, this does not apply to tax audits and insurance premium audits (Article 26.1 of Federal Law No. 294-FZ of December 26, 2008).
The ban on inspection does not apply to organizations and entrepreneurs who, in the three years preceding the inspection, were held liable in the form of:
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