Preliminary inspection plan for the year.

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.

Definition and varieties

Verification is a series of measures that ensure control over the work of individual entrepreneurs and legal entities. As a general rule, its main task is to clarify the following points:

• compliance of the activities carried out with the law, as well as existing rules and standards in this area;
• compliance of goods (produced or sold), works and services with legal requirements and standards.

There are several types of checks. You should know their features before considering the consolidated inspection plan for 2017.

Each test has its own characteristics. They differ in places and methods of implementation, objects and subjects.

Please note that unscheduled inspections of the work of legal entities and individual entrepreneurs require special grounds. 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.

Restrictions on scheduled audits in 2017

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 the following categories of companies and individual entrepreneurs (they still do not fall into the consolidated inspection plan for 2017):

• engage in risky activities (the list is compiled by the Government of the Russian Federation);
• subjected to administrative punishment for serious violations, or left without a license (if such a decision was made no more than 3 years ago).

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, as of July 1, 2016, officials conducting inspections of individual entrepreneurs and legal entities cannot request the following documents and information:

• permitting documents for construction;
• from the register of notaries and persons who have received qualifications as a result of passing the relevant exam;
• from the federal property register;
• from the Unified State Register;
• from the Unified State Register of Individual Entrepreneurs or the Unified State Register of Legal Entities (depending on status);
• from the register of officially registered media;
• from accounting (financial) statements;
• from the register of persons who have received accreditation;
• from EGRN;
• information regarding the issuance of residence permits to persons who do not have citizenship or have citizenship of another state;
• registration information about the place of residence or registration of Russian citizens.

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 the Labor Code of the Russian Federation. 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:

• employees receive wages below the established minimum wage;
• workers' salaries are delayed;
• failure to comply with safety rules at the enterprise, an employee was injured, etc.

Moreover: this law allows for an unscheduled audit even without a complaint from an employee of the enterprise.

When an organization is included in a future inspection plan

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 an inspection on a general basis is permissible if 3 years have already passed since:

• subject registration;
• completion of the previous planned audit;
• start of work of the company, individual entrepreneur.

In this case, a new inspection is possible earlier than 3 years after the end of the previous one, if we are talking about:

• unscheduled audit;
• scheduled inspection, but with other reasons for conducting it.

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.

How should the inspection be carried out?

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 body. 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.

Checks not included in the plan

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.

The General Prosecutor's Office is a serious supervisory and punitive body that controls the work of large enterprises and firms. Unfortunately, many of our citizens still believe that breaking the law in their own interests is not shameful and can go unpunished.

However, the prosecutor's office does not share this opinion. To identify violators, every year in Russia this body conducts mass inspections. When are these events scheduled to begin in 2017 and what should violators of the law expect?

The General Prosecutor's Office is a set of government bodies that oversee the implementation of Russian legislation at all levels and in all subjects.

This body includes the following structures:

• Control departments in the constituent entities of the Russian Federation.
• Control bodies of city and regional scale.
• Departments of military control.
• Research control bodies of the Russian Federation.
• Specialized control departments.
• Specialized printing houses.

Also, the Prosecutor General's Office works closely with other supervisory authorities to ensure comprehensive supervision of the activities of each enterprise.

A feature of the work of Gen. The prosecutor's office is completely independent from other authorities in its work. The activities of this department cannot be influenced by legislative, judicial or government authorities.

It is this difference that makes the Prosecutor General's Office a special supervisory body.

In addition to supervising compliance with the legislation of the Russian Federation, prosecutors perform the following tasks:

• Initiation of criminal cases.
• Monitoring the implementation of government regulations of the Russian Federation.
• Control over the lawful implementation of the law.
• Monitoring the activities of law enforcement agencies, etc.

How inspections will be carried out in 2017

The verification plan for legal entities begins to be developed in August of this year. Further, data on the inspection plan are published on the official website of the Prosecutor General's Office; these data must be entered before September 1 of the current year. Each manager can go to this portal, type the name of his company in the search and receive information about when verification will be carried out at his enterprise.

According to the law, a scheduled inspection can be carried out no more than once every 3 years. However, if there are complaints from citizens or other compelling reasons exist, prosecutors may conduct an unscheduled inspection.

From 2016 to 2018, there was a moratorium on routine inspections of small businesses. This decision was made by the government to facilitate the work of small businesses and give them the opportunity to establish their affairs without the pressure of inspections.

Who will be checked first?

As in previous years, in 2017 planned verifications in the Russian Federation will begin with industrial and commercial enterprises. Inspections of these companies will take place in the first half of the year. Next in line are budgetary and financial organizations.

They will be analyzed in the second half of the year.

It is noteworthy, but if the head of the company does not agree with his presence in the list of planned inspections, he can challenge this decision. This applies to cases where less than 3 years have passed since the last scheduled verification. And even if the inspection does take place, you can challenge its results and even cancel them in court, regardless of whether there were violations in the work of the company.

How to find yourself on lists

In order to find out whether your company is included in the consolidated inspection plan for 2017, you need to go to the official website of the Prosecutor General's Office of the Russian Federation. On the main page of the site you can see a search form. Enter all the necessary information about your organization in the appropriate fields and click the search button.

Keep in mind that even if you are a small business, but you have had violations in the company's work in the past, or the prosecutor's office has other compelling reasons for control, you may be included in the schedule of scheduled inspections for 2017. You will not be able to challenge this decision because in accordance with the law, this verification will be legal.

If you do not agree with the inclusion of your enterprise in the 2017 inspection plan, you can apply to the relevant regulatory authorities to exclude you from the inspection plan. If your request is not granted, but the prosecutors do not have compelling reasons to conduct this inspection in relation to your company, the results of the inspection may be canceled.

Despite the fact that there are various rumors among entrepreneurs about the incorrect work of certain representatives of the General Prosecutor's Office, it is impossible to do without the work of this body in the modern world. The government is purging the ranks of prosecutors, but the human factor takes place in any government agency. If you are dissatisfied with the work of the prosecutor's office, you can file a complaint with higher authorities, which will consider your complaints and make a decision on your issue.

You can view it on the official website of the General Prosecutor's Office of the 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):

• name of the organization or full name of the individual entrepreneur;
• month of inspection;
• name of the state control or supervision body;
• address of the object being checked.

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 compliance with the law of inspectors' actions? 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 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 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 they have not committed gross violations over the past three years. 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.

Greetings, dear friends! On October 25, Order No. 620 of the Ministry of Economic Development of Russia dated September 30, 2016 was published on the official Internet portal of legal information, which actually approves a new standard form of order (order) of the control and supervisory authority to conduct an inspection of a legal entity and individual entrepreneur.

Order No. 620 was registered with the Ministry of Justice of Russia on October 24, 2016 under number 44118 and comes into force on January 1, 2017.

Legal checks persons and individual entrepreneurs in a new way

Order No. 620 was issued in connection with the need to bring the standard form of order (order) of the state control (supervision) body, municipal control body on conducting an inspection of a legal entity, individual entrepreneur, approved by Order of the Ministry of Economic Development of Russia dated April 30, 2009 No. 141, in accordance with amendments made to the Federal Law “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control.”

Thus, the changes made to the standard form also clarified the list of information indicated when establishing the goals of the inspection, as well as provisions relating to the subject of the inspection.

New form of order to conduct an inspection

DOWNLOAD DOCUMENTS

The documents come into force on January 1, 2017.

INSPECTION PLAN FOR 2017

The consolidated plan for inspections of legal entities and individual entrepreneurs for 2017 should be viewed on the official website of the Prosecutor General of the Russian Federation, namely plan.genproc.gov.ru.

At the moment, the inspection plan for 2017 has not yet been published. We wait!

How to obtain a consolidated plan of inspections by all available state control and supervisory authorities for your organization? Very simple, see screenshot.

It is enough to indicate the identification number of your organization in the “TIN” field, then enter the numbers from the picture (captcha) and click the “Search” button, and you will receive a consolidated inspection plan for your organization for 2017.

Plan verification option No. 2

There is another place where you can familiarize yourself with the inspection plan for 2017 - this is the Federal State Information System Unified Register of Inspections.

The form is filled out as simply as in the previous example:

He who is aware is armed!

That's all I have. If the information was useful, then put stars and share this post on social networks 😉