Planning in the prosecutor's office, types of plans. How to find out about the upcoming scheduled inspection of the object by the state fire supervision authority
Hello friends! As the saying goes: “he who is aware is armed!”. This note will discuss the surest way to check the 2019 Inspection Plan. In addition to everything, you can watch a video about new system business audits from 2018 to 2024 and links to the most relevant notes regarding audits in 2019, in particular, download a sample application to exclude your organization from the audit plan for 2019! So, let's look for ourselves in the Inspection Plan for 2019, and rejoice together if we are not there 🙂
Audit plan for 2019 online
To check the presence or absence of your organization and / or individual entrepreneur in terms of inspections for 2019 online, you need to visit the official website of the Prosecutor General's Office Russian Federation or FSIS "Unified Register of Checks".
Now I invite you to watch a video from which you will learn the plans of the Government until 2024 in terms of the system of business inspections.
Video about business inspections from 2018 to 2024
Useful materials for inspections in 2019
Of course, on the table you need to have the current version of the Federal Law of December 26, 2008 No. 294-FZ “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation state control(oversight) and municipal control". Download Federal Law No. 294-FZ.
Plans for inspections by regulatory authorities are information that is published annually by the Prosecutor General's Office of the Russian Federation. A consolidated plan for inspections of legal entities for 2019 has already been published on the agency’s website. For those who find their enterprise in it, it is better to prepare for the visit of the inspectors in advance. To learn how to search for your company in the registry and what to use when preparing for the arrival of an inspector, read the article.
Legislative framework and timing of publication of information on planned supervisory activities
All information about inspections of legal entities and individual entrepreneurs is accumulated by the Prosecutor General's Office of the Russian Federation; The official website publishes the inspection plan for 2019 in accordance with the requirements of Part 7 of Article 9 of Chapter 2 of Federal Law No. 294 "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control". This online resource is called "Consolidated plan for inspections of business entities for 2019". The website of the General Prosecutor's Office of the Russian Federation published a summary plan of inspections for 2019 at the end of 2018.
In addition, similar lists of planned supervisory activities carried out by regional regulatory authorities should be published by the prosecutor's offices of the constituent entities of the Russian Federation, and many have already done this, for example, plans for 2019 can be viewed:
Each organization and individual entrepreneur should look for themselves in two lists at once: federal and regional.
Inspection plans of regulatory agencies in 2019
In addition to publishing a consolidated register of those being checked on the website of the Prosecutor General's Office, there is also a special service (which is also operated by the Russian prosecutor's office) - FSIS "Unified Register of Inspections". It differs from the information on the main website of the Prosecutor's Office in that it shows information not only about the planned control measures, but also about those that have already been completed or are still taking place at the moment. To use this resource, you need to enter not just the name of the organization, but also other details. The input form looks like this:
Although there is more information in the Register, in order to find out whether it is necessary to expect a visit of inspectors in 2019, a master plan is enough. It's easy to use.
How to find out about the planned visit of inspectors
All information about control measures is checked, clarified and published by the Prosecutor General's Office of the Russian Federation (official website); the inspection plan for 2019 will show information on a specific organization based on its name, TIN and OGRN in the context of:
- months of the visit of inspectors;
- the name of the controlling agency.
If there are fears that, for example, Rospotrebnadzor is going to visit you, and you want to know about it in advance, look first on the website regional government of this department, look for the section "Scheduled inspections of Rospotrebnadzor for 2019: plan and schedule of inspections." Information appears on the regional websites of departments and prosecutors earlier than on the centralized website. The same applies to information about what Roszdravnadzor plans: the inspection plan for 2019 will definitely be included in the consolidated register - information will appear there before the end of the year.
If you do not find your company in the list, the inspectors will not come. True, they can come unscheduled, there are enough reasons for this. In addition, the register does not cover control activities carried out as part of:
- investigative actions and operational-search activities;
- administration of justice;
- prosecutor's supervision;
- financial and banking supervision;
- currency control;
- investigations into the causes and consequences of man-made, natural or infectious emergencies;
- administrative investigation (previously open);
- investigation of accidents at work;
- antimonopoly control based on insider information.
Separately, it must be remembered that from the moment state registration a legal entity or individual entrepreneur must pass at least 3 years to be included in the register. A similar period must elapse from the moment the last planned supervisory activity is completed by the same supervisory authority.
Until 12/31/2018, in accordance with the provisions of Article 26.1 of the Federal Law No. 294-FZ, there was a ban on planned supervisory activities in relation to small businesses. However, this moratorium expired at the end of 2018. But at the end of December, the deputies adopted Federal Law No. 480-FZ of December 25, 2018, which adds Article 26.2 to FZ-294 and extends the moratorium on inspections for small businesses until the end of 2020.
However, this article provides a rather impressive list of exceptions. The moratorium on inspections of SMEs does not apply if:
- the audit is carried out using a risk-based approach (see the list below);
- the object of verification is included in a special list of enterprises to which the moratorium does not apply (these are healthcare, education, social services, enterprises of heat and electricity supply, energy saving and energy efficiency);
- earlier the enterprise was assigned administrative responsibility, and less than 3 years have passed since then;
- the company conducts licensed activities;
- the verification concerns radiation, nuclear safety, the preservation of state secrets, etc.
Using checklists
By the way, we remind you that from 01/01/2018, many departments carry out control using checklists (unfortunately, Tax office does not use checklists).
If you see that your company is also awaiting scheduled inspections for 2019 (the official website of the prosecutor's office included your organization in the register), we recommend using the checklists of departments planning to pay you a visit. This will help you prepare for control measures. You can find checklists in the relevant departmental orders - here are just a few:
- Rosprirodnadzor (in the implementation of environmental, land, water supervision, control of waste management, protection of subsoil, air and the ozone layer) - Order of Rosprirodnadzor dated September 18, 2017 No. 447;
- Rospotrebnadzor (control over catering establishments, trade, beauty industry) - Order of Rospotrebnadzor dated September 18, 2017 No. 860;
- Fire supervision (control of compliance with the requirements fire safety) - Order of the Ministry of Emergency Situations of Russia dated June 28, 2018 No. 261;
- Supervision in the field of civil defense and emergency situations - Order of the Ministry of Emergency Situations of Russia dated February 27, 2018 No. 78;
- Labor Inspectorate - Order of Rostrud dated November 10, 2017 No. 655;
- Roszdravnadzor (regarding the handling of medicines) - Order of Roszdravnadzor dated December 20, 2017 No. 10449;
- Roskomnadzor -
This is not difficult. There are two ways.
The first way is to find out in advance. Suitable for those who do not like the unknown and prefer to plan everything in advance.
We go to the website of the Prosecutor General's Office of the Russian Federation: http://www.genproc.gov.ru/
Spin the mouse wheel and scroll down the page:
We click on the button "Consolidated plan for inspections of business entities" and we find ourselves on the following page:
Click "Consolidated plan for inspections of business entities for 2012" and go to the next section:
Enter the details of your organization in the appropriate fields.
It is enough to enter only the taxpayer identification number (TIN). It is pointless to enter the name of the supervisory authority - anyway, the system will issue absolutely all types of checks planned by various supervisory authorities. If you do not enter a review period, the system will return search results for the entire year. It makes sense to choose a region only if the organization has a developed branch network in various regions of the Russian Federation.
Let's enter, for example, the following data:
And we learn that the inspection of JSC "AvtoVAZ" by the Department of Supervisory Activities of the Main Directorate of the Ministry of Emergency Situations of Russia for the Samara Region, lasting 20 working days, is scheduled from 04/29/2012.
At the same time, we will see that simultaneously with the inspection of AvtoVAZ OJSC by the State Tax Inspectorate, inspections of the same facility by Rosprirodnadzor and Rospotrebnadzor will be carried out. As well as inspections of three different facilities of AvtoVAZ OJSC, located on the territory of the Shigonsky district of the Samara region, by the Municipal Property Management Committee of the same name municipal district, in which they do not know how to spell the name of the organization being checked.
There are two other ways to get the same information:
1. On the official website of the EMERCOM of Russia: Activity > Plans and results of scheduled inspections > Plans for scheduled inspections for 2012 > Name of the territorial authority ( regional center) EMERCOM of Russia: http://www.mchs.gov.ru/activities/?ID=703877 . As a result, an archive of MS Excel files will be downloaded, with inspection schedules for each region that is part of the corresponding federal district.
2. On the website of the Main Directorate of the EMERCOM of Russia for the constituent entity of the Russian Federation. For example, for the Samara region - on the website of the Main Directorate of the Ministry of Emergency Situations of Russia for the Samara Region (http://www.63.mchs.gov.ru/): Areas of activity > Plans and results of scheduled inspections > Plan for scheduled inspections. As a result, an archive with the MS Excel file Plan of scheduled inspections for 2012.xls will be downloaded. In particular, inspections of 5,375 objects are planned for 2012 in the Samara Region.
In this case, you will additionally learn:
- list and addresses of all objects to be checked,
- the purpose of the audit (verification of compliance with fire safety requirements, or in the field of civil defense and emergency situations, or both);
- the basis for the audit;
- type of verification (documentary or field).
And one more thing: if the data of the three sources differ, then the General Prosecutor's Office of the Russian Federation should be trusted.
Method two - you will be informed, shortly before. Suitable for those who love surprises.
The state fire supervision body is obliged to notify the legal entity or individual entrepreneur of the planned (documentary and field) conduction no later than three working days before the start of its conduct by sending a copy of the order of the State Fire Inspectorate on conducting a scheduled inspection by registered by mail with acknowledgment of receipt or otherwise.
By “no later than three business days” is most often understood as “no later than three business days”.
Ministries and departments approve inspection plans. If your organization or individual entrepreneur is not on these lists, then you are not threatened with scheduled inspections. But do not forget that if necessary, the controlling agency has the right to conduct an unscheduled inspection.
Inspection plans are posted on their official websites. This is stated in parts 3 and 5 of Article 9 of Chapter 2 of the Law of December 26, 2008 No. 294-FZ.
Note: From April 18, 2016 audit organizations are controlled by Federal Treasury(Decree of the President of the Russian Federation of February 2, 2016 No. 41, clause 1 of the Regulations approved by Decree of the Government of the Russian Federation of December 1, 2004 No. 703).
The website of the Prosecutor General's Office has a search service for the annual summary plan of inspections. Through it, you can determine if the organization is on the lists, and if so, when and who will check it. To find out the information, enter the details of the organization (OGRN, TIN, etc.).
Consolidated inspection plan for 2019 published
The search in the service is carried out according to the details of the company.
From January 1, 2019 to December 31, 2020, a ban on scheduled inspections has been established in relation to legal entities and individual entrepreneurs classified as small businesses, information about which is included in Single register SMEs.
To find out if your business is included in the audit plan of any regulatory agency (for example, labor inspectorate, Ministry of Emergency Situations or Rospotrebnadzor) you need to enter the following data in a special form (all at once or only some of them):
- OGRN;
- name of company;
- month of verification;
- name of the state control body;
- address.
If an audit is planned for a company or individual entrepreneur in 2018, in addition to the purpose of the audit (for example, to verify compliance with labor laws or fire safety requirements), you will find out how many working days/hours are allotted for the inspectors for the audit.
Note: Tax audits are not included in the published plan.
Ministry/department | Link to checklist |
---|---|
Ministry of Finance of Russia/Federal tax service | (consolidated) |
Ministry of Finance of Russia/Federal Treasury | Control of audit organizations |
Social Insurance Fund/Pension Fund of Russia | Scheduled field inspections of the FSS of Russia and the FIU are carried out jointly. A schedule of such checks can be found regional office FSS of Russia |
Ministry of Labor of Russia/Federal Service for Labor and Employment | Organizations and entrepreneurs |
Prosecutor's office | Organizations and entrepreneurs |
Ministry of Economic Development of Russia/Federal Agency for State Property Management | Property in federal ownership |
Ministry of Economic Development of Russia/Federal Service for State Registration, Cadastre and Cartography | Land Supervision |
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 |
Russian Ministry of Health/Federal Biomedical 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 Monitoring environment | Organizations |
Ministry of Natural Resources of Russia/Federal agency forestry | 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 entrepreneurs |
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Checks "babies" are prohibited, How to avoid checks for small businesses
Note: Decree of the Government of the Russian Federation of November 26, 2015 No. 1268
There's a new way to avoid being cut off from the audit plan
Small companies received instructions on how to exclude themselves from the plan of inspections of supervisory authorities (approved by Decree of the Government of the Russian Federation of November 26, 2015 No. 1268).
From 2016 to 2018, they are exempt from scheduled inspections by supervisory authorities (Article 26.1 of the Federal Law of December 26, 08 No. 294-FZ “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control”).
"Surveillance holidays" for kids extended
The moratorium on scheduled inspections of small businesses has been extended until the end of 2020.
Note : the federal law dated December 25, 2018 No. 480-FZ
It was previously planned that 2018 would be last year actions of "supervisory holidays".
The new stage of the verification moratorium has its own characteristics. The exemption applies only to those types of inspections that are assigned without applying a risk-based approach.
In addition, as before, the ban on routine inspections will not affect "kids" who are engaged in activities in the field of health or education, in social sphere, in the field of heat supply or electric power industry. Organizations and individual entrepreneurs that were punished for gross violations licensed or disqualified within the last three years will also be included in the “test” plan on a general basis.
Attention! The exemption does not include organizations and individual entrepreneurs healthcare, education, etc. Organizations and entrepreneurs are not entitled to use the exemption for three years from the moment the controllers revealed the violations.
If the controllers mistakenly included the organization in the audit plan, it has the right to apply for its exclusion from the plan. The application form is given in the annex to Resolution No. 1268. The organization attaches documents confirming the status of a small enterprise to the application: an extract from the register of shareholders of the company, certified copies of the report on financial results and about average headcount workers.
The state or municipal control body considers the application within 10 working days from the date of its receipt. Three days after the decision is made, it will be sent to the applicant.
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Description of the event |
Away uniform |
documentary form |
Location |
At the location or actual implementation of the organization's activities |
Location of the controlling agency |
Periodicity |
By general rule not more than once every 3 years |
|
Annual plan, insufficiency of information obtained during a scheduled documentary check |
Annual plan |
|
Duration |
AT common cases up to 20 days, for branches and representative offices on the territory of all subjects of the Russian Federation - up to 60 days Shorter deadlines set for small businesses and micro-enterprises |
At some enterprises subordinate to executive authorities, for example, the Russian Ministry of Defense, inspections are carried out exclusively on site.
Editorial advice. When meeting the inspector, make sure you have been visited executive specified in the inspection order. Compare the data of the service certificate with the text of the order - you have every right to do so. The order should reflect the start and end dates of the audit, the reasons for which it is being carried out, and the documents that the inspector will familiarize himself with. For more information on how to meet the inspector, as well as what not to say and do during the check, read the article "". Create a separate one and record in it the circumstances, timing and results of each completed check:
Check-2019: the prosecutor's office, GIT and FMS will check not everyone
Not every employer this year or the Russian prosecutor's office: the inspection plan for 2019 was drawn up taking into account the ban on planned activities in relation to small businesses. From January 1, 2016 to December 31, 2018, exempted organizations farms and individual entrepreneurs that have the status of small businesses and fall under the following criteria:
- up to 15 people for micro-enterprises, from 16 to 100 people for small enterprises, 101-250 people for medium-sized enterprises;
- annual income within 120 million rubles for micro-enterprises, 800 million rubles for small enterprises, 2000 million rubles for medium-sized enterprises;
- : the total share of participation of state, municipal, religious, charitable and public structures in authorized capital does not exceed 25%, foreign and large organizations- no more than 49%;
- for joint-stock companies: the total share of participation of state, municipal, religious, charitable and public structures in the capital does not exceed 25% of voting shares, foreign and large organizations - no more than 49% of voting shares.
The verification moratorium does not apply to enterprises to which, over the past three years, resolutions on punishment for gross violations of the Code of Administrative Offenses of the Russian Federation have already been applied, there has been a disqualification or administrative suspension of activities, as well as suspension or cancellation of licenses (
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