Inspections by State Authorities

Inspections by State Authorities

    • Legal Support of investigations, inspections and Audits
    • Direct Participation in Inspection or Audit Procedures
    • Challenging Inspection or Audit Results
    • Detecting Violations during Audit or Inspection Checks as Grounds for Annulment of the Decision of State Authorities

    Our experience has shown that asking for competent legal advice at the beginning of audit/inspection procedures reduces the potential risk of interruption for business, and may lead to a decrease in fines and penalties.

    The main provisions of audit checks are stipulated by Federal Law No. 294-FZ of December 26, 2008 “On the Protection of Legal Entities’ and Individual Entrepreneurs’ Rights in the Course of State Control (Supervision) and Municipal Control”.

    It should be noted that this law does not cover all forms of investigations. In particular, it does not apply to financial inspections, tax audits, prosecutor's investigations, audits by law enforcement authorities, investigations of the causes of natural and human-made emergencies, infectious and mass non-communicable diseases (poisoning), work-related injuries, etc.

    The law empowers the Russian Federal Service for Surveillance on Consumer Rights Protection and Human Wellbeing (Rospotrebnadzor), the Ministry of Emergency Situations, labor inspections, antimonopoly authorities, the Federal Service for Environmental, Technological and Nuclear Supervision (Rostekhnadzor), construction supervision authorities, etc. to conduct investigations which can be scheduled in advance or unexpected..

    Scheduled inspection is carried out not more than once in three years provided that it is specified in the annual inspection plan of the relevant state authority.

    A state body may conduct several scheduled inspections within three years. For example, if Rospotrebnadzor performs sanitary and epidemiological surveillance today, it does not mean that it won’t come to check whether your activities comply with the requirements of consumer protection legislation later.

    An inspection plan is to be published annually on the official website of the corresponding authority and the official website of the Office of the Prosecutor General of the Russian Federation.

    Unscheduled inspections may be conducted at any time on the following grounds:

    • Term to eliminate the violations identified in the order previously issued by the authorities has expired.
    • The authorities have received information on existing violations that may cause harm for life and health of people, damage to animals, plants, environment, cultural and historical landmarks, may endanger the safety of the State, or lead to natural and human-made emergencies.
    • Individuals have reported on consumer rights violations. Given this, only those people whose rights were violated are entitled to file a complaint to the corresponding authority, provided that it is not anonymous. However, even one complaint may lead to an inspection.
    • The head of a state control authority has initiated the inspection as requested by the RF President or the RF Government.

    Bezrukov & Partners lawyers will protect your interests in case inspection, or other audit procedures are performed.