The procedure for conducting an unscheduled inspection by Rospotrebnadzor in 2021

What legal acts are the inspectors guided by?

— Federal Law No. 294-FZ of December 26, 2008 “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 Federal Law No. 294);

— Order of Rospotrebnadzor dated July 16, 2012 No. 764 “On approval of the Administrative Regulations for the execution by the Federal Service for Supervision of the Protection of Consumer Rights and Human Welfare of the state function of conducting inspections of the activities of legal entities, individual entrepreneurs and citizens to comply with the requirements of sanitary legislation, legislation of the Russian Federation in the field of consumer rights protection, rules for the sale of certain types of goods" (hereinafter referred to as the Administrative Regulations);

— Order of Rospotrebnadzor dated March 24, 2010 No. 103 “On approval of Methodological recommendations for the application of the norms of Federal Law dated December 26, 2008 No. 294-FZ”

What is Rospotrebnadzor?

The Federal Service for Supervision of Consumer Rights Protection and Human Welfare (Rospotrebnadzor) is a federal executive body that performs the functions of:

1. on the development and implementation of state policy and legal regulation in the field of consumer protection,
2. on the development and approval of state sanitary and epidemiological rules and hygienic standards,
3. on the organization and implementation of federal state sanitary and epidemiological supervision and federal state supervision in the field of consumer rights protection.

You can familiarize yourself with the official website of Rospotrebnadzor by following the link: https://rospotrebnadzor.ru/

When conducting an inspection, Rospotrebnadzor does not have the right to:

Article 15 of Federal Law No. 294, clause 57 of the Administrative Regulations

1) verify compliance with mandatory requirements, if such requirements do not relate to the sanitary and epidemiological well-being of the population or the protection of consumer rights;

2) carry out a scheduled or unscheduled on-site inspection in the absence of the manager or his authorized representative or the person being inspected during the inspection (except for the case of such an inspection, the basis for which is harm to the life, health of citizens, the environment, as well as the occurrence of emergency situations of natural and man-made nature);

3) demand the submission of documents, information, product samples, inspection samples of environmental objects and industrial environment objects that are not objects of inspection or are not related to the subject of inspection, and also seize the originals of such documents;

4) take samples of products, samples of inspection of environmental objects and industrial environment objects to conduct their research without drawing up protocols and in quantities exceeding the norms established by the standards;

5) disseminate commercial information obtained as a result of the event;

6) exceed the established deadlines for conducting the inspection.

7) demand from a legal entity, individual entrepreneur the submission of documents and (or) information, including permits available to other government bodies,

require a legal entity or individual entrepreneur to submit documents and information before the start date of the inspection.

On-site inspection by Rospotrebnadzor

Article 12 of Federal Law No. 294, paragraphs 48-51 of the Administrative Regulations

An on-site inspection is carried out at the place of activity of the person being inspected. Rospotrebnadzor employees are obliged to:

- present your official ID,

— familiarize the person being inspected with the order (order) to conduct an on-site inspection

— familiarize the inspected person with the powers of those conducting the inspection, the goals, objectives, grounds for conducting the on-site inspection, the types and scope of control measures, the composition of experts, representatives of expert organizations involved in the on-site inspection, the terms and conditions of its conduct.

On-site inspections are carried out only in the presence of an individual entrepreneur or the head of a legal entity, or their representatives. If they are absent, an on-site inspection will not be carried out.

If it turns out to be impossible to conduct an on-site inspection, a Rospotrebnadzor employee draws up a report on the impossibility of conducting the appropriate inspection. In this case, Rospotrebnadzor may conduct an inspection without warning within 3 months from the date of drawing up the relevant act. If samples (samples) of products are taken, drawing up a protocol is mandatory.

How to prepare for a Rospotrebnadzor inspection

The most reliable, but not the cheapest way to prepare for an inspection is to seek help from specialists. Many companies offer their services for consulting, collecting documents and organizing sanitary measures.

It is almost impossible to put all your activities in order on your own and in a short period of time. Therefore, the best decision is to conduct your business in such a way that an expert who comes at any moment has nothing to complain about.

Always keep employee health records and product certificates in order, observe the terms and conditions of storage of goods, carry out cleaning and disinfection on time, monitor signboards, price tags and the consumer corner.

To check yourself, check out the list of the most common violations.

Documentary check of Rospotrebnadzor

Article 11 of Federal Law No. 294, paragraph 45-47 of the Administrative Regulations

It is carried out on the basis of an order (instruction) to conduct a documentary check. Rospotrebnadzor officials authorized to conduct an inspection do not have the right to demand from persons subject to inspection information and documents that are not related to the subject of the documentary inspection. Rospotrebnadzor employees cannot require notarization of copies of documents, unless otherwise provided by law.

If you receive a request for additional documents or explanations, you must provide them to Rospotrebnadzor within 10 working days. All copies of documents must be certified by the signature of the general director and seal.

If violations are detected based on the results of a documentary inspection, Rospotrebnadzor has the right to conduct an on-site inspection.

How to behave during an unscheduled inspection

Hired employees should receive comprehensive information about the rules of communication with inspection officials. It is impossible to interfere with the work of officials, and documents should be collected in advance. To avoid encountering scammers, you must call your local consumer rights department. By phone you can clarify the time of the visit and verify the authenticity of the decision.

The next step will be the formation of a basic set of documents. It will include:

• registration certificates;
• extracts from the Unified State Register;
• notification of the individual entrepreneur to Rospotrebnadzor about the start of activities;
• book of complaints and other papers from the consumer’s corner;
• certificates for goods;
• waybills, invoices for products;
• sanitization schedules;
• accounting journals, technological maps;
• passports for buildings, equipment, tools;
• medical books, personnel education diplomas;
• contracts with suppliers.

Next, you will need to wait for representatives of the supervisory authority and follow their instructions. It is necessary to fulfill the requirements for providing information only within the scope of the inspection.

Important! In 2021, representatives of the supervisory service announced a transition to a risk-based method. The implementation of the program to reduce administrative pressure continues. There will be no planned control over entrepreneurs and small firms during this period. Supervisory holidays were extended for another 12 months (Article 26.2 of Law 294-FZ).

Unscheduled inspection of Rospotrebnadzor

Article 10 of Federal Law No. 294, paragraphs 42-43 of the Administrative Regulations

The reasons are:

• failure to comply with the order of Rospotrebnadzor to eliminate the identified violation;
• Rospotrebnadzor receives requests and statements, information about the following facts:

- causing or threatening to cause harm to the life or health of citizens

— the occurrence or threat of emergencies of a natural or man-made nature;

— violation of consumer rights (in the case of applications from citizens whose rights have been violated), provided that the applicant applied to such a legal entity or individual entrepreneur, but the applicant’s demands were not satisfied;

• order (instruction) of the head of Rospotrebnadzor, issued in accordance with the instructions of the President of the Russian Federation, the Government of the Russian Federation;
• the prosecutor's request to conduct an unscheduled inspection.

Rospotrebnadzor is obliged to notify you 24 hours before conducting an unscheduled inspection. However, if the basis for the inspection is that Rospotrebnadzor receives reports of harm to life and health, or such a threat, as well as the occurrence or threat of emergencies of a natural and man-made nature or a violation of consumer rights, Rospotrebnadzor may not notify you.

How often are scheduled inspections carried out?

No more than once every 3 years for one legal entity or one individual entrepreneur. BUT for legal entities and individual entrepreneurs providing the following services in the field of healthcare, education, and social sphere:

Scheduled inspection of Rospotrebnadzor

Article 9 of Federal Law No. 294, paragraph 41 of the Administrative Regulations

The basis is the annual inspection plan. The list of persons being checked is published on the website of the prosecutor's office. For example, the plan for inspections of legal entities in Moscow is available here.

Rospotrebnadzor is obliged to notify the persons being inspected at least 3 working days in advance by sending a copy of the order (order) about the start of a scheduled inspection. A scheduled inspection can be carried out no more often than once every three years, with the exception of inspections of organizations involved in the healthcare, education, and social spheres. A complete list of activities of such organizations is established in Decree of the Government of the Russian Federation dated November 23, 2009 No. 944.

In the event of a scheduled inspection of members of a self-regulatory organization, Rospotrebnadzor is obliged to notify the self-regulatory organization

Types of checks

Rospotrebnadzor inspections come in several types:

1. Planned , carried out every 3 years on the basis of a schedule drawn up for the year. You can view the plan on the official website. It describes when, who and what will be checked. The entrepreneur will be informed about the start of a scheduled inspection at least three days before it begins. The notice may be sent by mail or delivered in person. In 2017-2018, small businesses were exempt from scheduled inspections. Exception: organizations in the fields of healthcare, education, and public events. The full list is in Law N 294-FZ. As for 2021, legislators, at the end of 2021, extended the period of “test holidays” for another two years, until December 31, 2021 (see Law No. 480-FZ of December 25, 2018). The exceptions remain the same.
2. Unscheduled. These include monitoring the implementation of instructions to eliminate violations and inspections based on complaints and other information from citizens. Not every request can be a reason for an unscheduled inspection. For example, an applicant will be refused if actual cases of violation are not indicated, or if they are reported anonymously. Moreover, an unscheduled inspection by Rospotrebnadzor must be approved by the prosecutor's office. The entrepreneur is informed about an unscheduled inspection one day before it begins (exception: food-related industries - an unscheduled inspection may come to them without warning). In emergency cases, when there is a threat to the health of people or animals, permission from the prosecutor's office and notification of the person being inspected are not required.
3. Visiting and documentary. Depending on whether the inspector will personally come to the enterprise, or will only request a package of documents for inspection.

Rospotrebnadzor inspection deadlines

Article 13 of Federal Law No. 294, clauses 18-22 of the Administrative Regulations

As a general rule, the verification period cannot exceed 20 working days. If an organization has several branches in different constituent entities of the Russian Federation, then the period for checking all branches in total cannot exceed 60 working days. When organizing an inspection, the work schedule of the persons subject to inspection is taken into account.

The duration of a scheduled on-site inspection of small enterprises is no more than 50 hours, and of microenterprises no more than 15 hours.

The period for conducting a scheduled on-site inspection may be extended in exceptional cases by no more than 20 working days, for small enterprises - no more than 50 hours, for micro-enterprises - no more than 15 hours.

Results of the Rospotrebnadzor inspection

clause 58-76 of the Administrative Regulations

Based on the results of the inspection, Rospotrebnadzor draws up an inspection report and delivers (sends) the report to the person being inspected.

The following is attached to the act:

1. product sampling protocols;
2. protocols or conclusions of studies, tests, measurements, examinations;
3. explanations of the person being inspected or his employees who are held responsible for violation of mandatory requirements;
4. an order to eliminate identified violations;
5. other documents or copies thereof related to the inspection results.

For what offenses can Rospotrebnadzor hold you accountable?

Concealing the source of infection with HIV infection, venereal disease and contacts that create a risk of infection (Article 6.1 of the Code of Administrative Offenses of the Russian Federation);

• Circulation of counterfeit, counterfeit, substandard and unregistered medicines, medical products and circulation of counterfeit dietary supplements (Article 6.33 of the Code of Administrative Offenses of the Russian Federation);
• Violation of the rules for handling scrap and waste of non-ferrous and ferrous metals and their alienation (Article 14.26 of the Code of Administrative Offenses of the Russian Federation);
• Violation of the rules for organizing activities for the sale of goods in retail markets (Part 1 of Article 14.34 of the Code of Administrative Offenses of the Russian Federation)
• Violation by the manufacturer, performer (a person performing the functions of a foreign manufacturer), seller of the requirements of technical regulations (Part 3 of Article 14.43 of the Code of Administrative Offenses of the Russian Federation)
• Violation of mandatory requirements for labeling food products obtained using genetically modified organisms or containing such organisms (Article 14.46.1 of the Administrative Code of the Russian Federation);
• Failure of the manufacturer (executor, seller, person performing the functions of a foreign manufacturer) to take measures to prevent harm when handling products that do not comply with the requirements of technical regulations (Part 5 of Article 14.46.2 of the Code of Administrative Offenses of the Russian Federation)
• Disobedience to a lawful order of an official of a body exercising state supervision (control), an official of an organization authorized in accordance with federal laws to exercise state supervision, an official of a body exercising municipal control (Part 1 of Article 19.4 of the Code of Administrative Offenses of the Russian Federation)
• Obstruction of the legitimate activities of an official of a federal executive body exercising control and supervision functions in the field of state defense procurement, or officials of its territorial bodies (Part 1 and 15 of Article 19.4.2 of the Code of Administrative Offenses of the Russian Federation)
• Failure to take measures to eliminate the causes and conditions that contributed to the commission of an administrative offense (Article 19.6 of the Code of Administrative Offenses of the Russian Federation)
• Failure to provide information (Article 19.7 of the Code of Administrative Offenses of the Russian Federation)
• Failure to comply with the requirements for the submission of product samples, documents or information necessary for the implementation of state control (supervision) in the field of technical regulation (Article 19.33 of the Code of Administrative Offenses of the Russian Federation)

If the inspection reveals signs of crime, the Rospotrebnadzor official sends materials to the prosecutor's office and other law enforcement agencies to resolve the issue of initiating a criminal case. These may be the following articles of the Criminal Code:

• Art. 238 “Production, storage, transportation or sale of goods and products, performance of work or provision of services that do not meet safety requirements” - regarding the sale of goods and products, performance of work or provision of services that do not meet the requirements for the safety of life or health of consumers;
• Art. 246 “Violation of environmental protection rules during the performance of work” - regarding violation of sanitary rules during construction and other work;
• Art. 247 “Violation of the rules for handling environmentally hazardous substances and waste” - regarding violation of the rules for handling bacteriological (biological) substances, toxic industrial and other waste;
• Art. 248 “Violation of safety rules when handling microbiological or other biological agents or toxins” - in terms of violation of safety rules for working with microorganisms, etc.;
• Art. 254 “Damage of land” - in terms of violation of the rules for handling fertilizers, plant growth stimulants, pesticides and other dangerous chemical or biological substances, etc.

Appealing the results of the Rospotrebnadzor inspection

1. Objection to the inspection report

Within 15 days from the date of receipt of the inspection report, an organization or individual entrepreneur has the right to submit objections in writing (clause 82 of the Administrative Regulations).

2. Challenging the order of Rospotrebnadzor

Pre-trial order. Within 15 days from the date of receipt of the order, the inspected person has the right to submit written objections regarding this order to Rospotrebnadzor. The review period is 30 days.

Judicial order. Within 3 months, the decision can be appealed to the Arbitration Court (Clause 5.1, Article 40 of the Federal Law “On Protection of Consumer Rights”).

3. Appealing the decision to bring to administrative responsibility Pre-trial procedure. If you have been brought to administrative responsibility, you have the right to appeal this decision (Part 1 of Article 30.1 of the Code of Administrative Offenses of the Russian Federation) to a higher authority. The deadline for filing such a complaint is 10 days on the day of delivery or receipt of a copy of the resolution (Part 1 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation). If the deadline for filing a complaint is missed, it can be restored by a judge or official authorized to consider the complaint at the request of the person filing the complaint. The period for consideration of a complaint against a decision in the order of subordination is 10 days from the date of its receipt with all materials of the case (Part 1 of Article 30.5 of the Code of Administrative Offenses of the Russian Federation). Judicial order. The decision can also be appealed to the Arbitration Court. The period for consideration of a complaint in court is 2 months from the date of its receipt (Part 1.1 of Article 30.5 of the Code of Administrative Offenses of the Russian Federation).

4. Appealing actions (inactions) of Rospotrebnadzor

The subject of pre-trial appeal is the actions (inaction) of Rospotrebnadzor, officials of Rospotrebnadzor, which entailed a violation of the rights of legal entities, individual entrepreneurs, citizens provided for by law (clause 83 of the Administrative Regulations).

Pre-trial order. Complaints are considered:

1) on behalf of Rospotrebnadzor - the head of Rospotrebnadzor or his deputy;

2) on behalf of the territorial body of Rospotrebnadzor - the head of the territorial body of Rospotrebnadzor or his deputy.

The review period is 30 days.

Judicial order. Within 3 months, an entrepreneur or organization has the right to challenge the actions (inactions) of Rospotrebnadzor in the Arbitration Court.

Can Rospotrebnadzor come with an inspection if an individual entrepreneur opened two months ago?

Sergey Anatolyevich!

Violation of exclusive rights to intellectual property is an important and pressing problem for Russia.

As is known, the copyright holder may, at his own discretion, permit or prohibit other persons from using the result of intellectual activity or a means of individualization, and the absence of a prohibition does not constitute permission.

At the same time, the burden of finding violators, collecting evidence and “punishing” them rests with the owner of the exclusive rights.

Violation of an exclusive right entails civil, criminal and administrative liability.

It should be noted that in general, over the past few years, there has been a steady growth in the number of considered civil cases related to the protection of intellectual property rights.

However, as you know, every coin has a reverse side. Along with cases of protecting the rights of respectable copyright holders, cases of so-called intellectual raiding also appeared. “Competent” specialists try (and often successfully) to take advantage of law enforcement officers’ lack of knowledge of intellectual property law and take advantage of the situation.

Thus, everyone knows that a trademark refers to a means of individualization and its main function is to promote recognition of the product, to distinguish the goods or services of some manufacturers from similar goods or services of other manufacturers.

Let's turn to the letter of the Law.

According to paragraph 3 of Article 1484 of the Civil Code of the Russian Federation, no one has the right to use, without the permission of the copyright holder, designations similar to his trademark in relation to goods for the individualization of which the trademark is registered, or homogeneous goods, if as a result of such use there is a likelihood of confusion. One of the key words in the above text is “similar” and, when determining similarity to the point of confusion, the fundamental possibility of the consumer having the idea that these goods belong to the same manufacturer is determined first of all.

Based on this provision, “attackers” try to get rid of competitors by contacting law enforcement agencies with allegations of violation of exclusive rights by mentioning (very often along with others) a well-known trademark in Russia (for example, a large car manufacturer or a manufacturer of dairy products, etc. ) on a sign (fence, wall, etc.), and therefore, in their opinion, there is a possibility of confusion between a well-known trademark and the designation on the sign (fence).

Moreover, we note that such a statement is not made by the copyright holder of the trademark, but, for example, by the owner of a neighboring store/tent or, in extreme cases, by a “very injured” consumer.

In fact, a respectable participant in civil circulation simply indicates what goods are offered for sale at his outlet (shop/tent).

However, is there an indication of the trademark? – yes!, similar? - similar! - the case has been opened!

The Kamaz case is indicative in this sense. The Federal Antimonopoly Service of the Russian Federation for the Republic of Buryatia recognized that the actions of individual entrepreneurs, which consist in using the KAMAZ trademark on store signs, create a danger of mixing the services of an entrepreneur and a manufacturer. According to the FAS, such use is aimed at acquiring advantages in business activities, and the absence of a license agreement constitutes an administrative violation.

At the same time, the individual entrepreneur sells products of KAMAZ OJSC and purchases goods (spare parts for cars) from an official KAMAZ dealer. The fact of using a designation confusingly similar to a protected trademark on a store sign is not denied. IP, in itself, does not produce spare parts.

The case went through all the instances and after cassation the court came to the conclusion that the entrepreneur’s actions did not contain elements of unfair competition, the use of an individual entrepreneur’s trademark in relation to a product previously introduced into civil circulation with the consent of the copyright holder is legal.

Also, by way of supervision, a claim was considered regarding the illegal use of the Volkswagen, VOLKSWAGEN trademarks and the VW logo in printed materials and outdoor advertising of the LLC. According to the applicant, such use violates the company’s exclusive rights to these marks and constitutes unfair advertising.

Using the company's trademarks in advertising presented in print media, the company indicated that it is an auto center and is engaged in the sale, service, and supply of spare parts for Volkswagen cars. The advertisements did not indicate that the LLC was an official dealer.

The court concluded that the copyright holder does not have the right to prohibit the use of a trademark by third parties in relation to goods that were introduced into civil circulation on the territory of the Russian Federation directly by the copyright holder or with his consent. Third parties include business entities specializing in services in relation to goods. Such services may be reflected in advertising in the Russian Federation.

The use of a “foreign” trademark by other persons is possible in advertising their trade, service or other activities in relation to goods lawfully introduced into civil circulation, if this does not violate advertising legislation.

Based on the foregoing, we can conclude that such use is not permitted use in relation to goods, but is aimed at additional advertising of the activities of the organization itself. Those. The seller can use the trademark in advertising its activities.

When it comes to signage, the issue is a little more complicated. Indeed, such use serves as an effective way of informing the consumer that a particular establishment sells the relevant goods. And it is unlikely that the consumer will be misled if the trademark is used along with the trademarks of several copyright holders, as is often the case on the signs of car dealerships, which usually list a number of copyright holders - large manufacturers. However, this also applies to clothing shopping centers, grocery stores, etc.

Of course, the final decision depends on the specific circumstances of the case.

A similar situation arises with regard to parts/parts for an entire product, for example, a car, be it mats, headlights, glass, or, for example, laces and sneakers. Those. the manufacturer indicates that its product is suitable for a certain model/make (car, etc.).

The “guardians” of the letter of the Law immediately speak of a violation of exclusive rights. And indeed, the sign is mentioned - mentioned, and the signs are similar, if not identical! The case has been opened!

Let us turn to the case of OJSC AVTOVAZ. Customs identified products - auto parts (clutch assembly and their parts) with paper tags with the inscription “LADA”, “SAMARA”, “NIVA”, similar, in the opinion of the customs authority, to the point of confusion with the trademarks “LADA”, “SAMARA” ", "NIVA", the exclusive rights to use which on the territory of the Russian Federation belong to JSC AVTOVAZ. O did not grant anyone the rights to use trademarks in the manufacture of these automobile parts. Thus, the customs authority issued a ruling to initiate a case of an administrative offense under Article 14.10 of the Code of Administrative Offenses.

The violating company operates by selling spare parts to consumers on the secondary market in the Russian Federation.

The court came to the conclusion that the designations “LADA”, “SAMARA”, “NIVA” in this case are not perceived by the consumer as trademarks. Used to individualize the product itself with a specific manufacturer, they are of an exclusively informational nature regarding the technical use of the product, therefore its import into the territory of the Russian Federation does not form the objective side of the offense provided for in Article 14.10 of the Code of Administrative Offences.

Another variant of the situation is a direct indication of “foreign” trademarks on the product label.

Everyone immediately forgets about the function of a trademark - to distinguish one manufacturer from another, and also that it usually / often dominates / “catches the eye” of the consumer.

The case was heard in the European Court of Justice: the “infringer” produced and sold razors and replacement razor blades under its trademark, indicating that the blades were also suitable for Gillette razor blades.

The court recognized that it is permitted to use a “foreign” trademark to indicate the purpose of a product. Such use must provide the consumer with full information about the purpose of the product, and must also be reasonable, fair and not violate customary business practices.

By the way, the issue with the label is even more or less regulated by Russian legislation. A label is a means of information about a product. The requirement to provide the buyer with the necessary and reliable information about the product offered for sale is imposed on the seller by Article 495 of the Civil Code of the Russian Federation, as well as by the Law “On the Protection of Consumer Rights”.

That is, the indication of a “foreign” trademark cannot be considered as an element that can mislead the consumer regarding the manufacturer of the product, because it does not create the impression that the product was produced by one company and not another, but only indicates the purpose of the product/product.

Thus, at present there is no special provision in the law regulating such use of “foreign” trademarks. However, the legality of such use follows from the general provisions of the Civil Code of the Russian Federation.

How can you challenge the results of an inspection on formal grounds?

The results of an inspection conducted by a state control (supervision) body or a municipal control body with a gross violation of the requirements for organizing and conducting inspections cannot be evidence of violations by a legal entity or individual entrepreneur and are subject to cancellation.

Thus, a gross violation is (Article 20 of Federal Law No. 294):

1. lack of grounds for conducting a scheduled or unscheduled on-site inspection, untimely notification of an inspection;
2. involving legal entities, individual entrepreneurs and citizens not certified in the established procedure as experts in carrying out control activities;
3. lack of coordination, if necessary, with the prosecutor's office of an unscheduled on-site inspection;
4. violation of the terms and time of scheduled on-site inspections in relation to small businesses;
5. carrying out an inspection without a directive or order from the head, deputy head of the state control (supervision) body, or municipal control body;
6. requesting documents not related to the subject of the inspection;
7. failure to submit an inspection report;
8. carrying out a scheduled inspection not included in the annual plan for scheduled inspections;
9. participation in inspections of experts, expert organizations that have civil and labor relations with legal entities and individual entrepreneurs in respect of whom inspections are carried out.

Grounds and types of control

The basic regulatory act for the state structure is Law 294-FZ of December 26, 2008. The document establishes the principles of work of inspectors, the procedure for organizing events and gives entrepreneurs a guarantee of the objectivity of assessments. The supervisory authority has the right to exercise control in the following forms:

1. Scheduled IP inspection. It is allowed to prescribe it every 3 years. Exceptions are provided for representatives of certain industries. You can deviate from the rule in the provision of medical, educational or social services. The entrepreneur is notified 72 hours before the start of the procedure.
2. Unscheduled inspection. The department is obliged to notify the merchant of the decision made one day before the inspectors’ visit. Within 24 hours, notification of the control event is sent to the prosecutor. The basis may be a complaint, a report of a threat to the well-being of the population, or harm.
3. "Mystery shopper". For several years, the leadership of Rospotrebnadzor hoped to obtain the right to test purchases. Since 2021, this authority has been granted to the structure. An inspection based on a complaint, initiative of officials or a report of signs of misconduct is already being carried out on the basis of Law 81-FZ of 04/18/18. Officials, disguised as ordinary citizens, come to the point of sale and purchase goods (services). If violations are discovered during the event, punishment is imposed. By the end of March 2021, the bill was adopted in the second reading. The amendments have not yet acquired legal force.

The department independently determines the assessment method. The analysis is carried out in documentary or on-site form.