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Legislation explanation on the subject "Order of Carrying Out Planned and Unscheduled Inspections of Subjects of Business"

Legislation explanation on the subject "Order of Carrying Out Planned and Unscheduled Inspections of Subjects of Business"

Owing to p.1 Art. 17.1 of the Federal law "About the general principles of the organization of local government in the Russian Federation" local governments will organize and exercise municipal control of observance of the requirements established by the municipal legal acts adopted concerning local value, and in cases if the corresponding types of control are carried by federal laws to powers of local governments, also municipal control of observance of the requirements established by federal laws, laws of subjects of the Russian Federation.

Provisions of the Federal law "About protection of the rights of legal entities and individual entrepreneurs at implementation of the state control (supervision) and municipal control" are applied to the relations connected with implementation of municipal control, the organization and carrying out checks of legal entities, individual entrepreneurs.

On the basis of item 4 of Art. 2 of the Federal law "About protection of the rights of legal entities and individual entrepreneurs at implementation of the state control (supervision) and municipal control" municipal control represents activity of the local governments authorized according to federal laws on the organization and carrying out in the territory of municipality of checks of observance by legal entities, individual entrepreneurs of the requirements established by municipal legal acts, and also the requirements established by federal laws, laws of subjects of the Russian Federation in cases if the corresponding types of control belong to questions of local value. The order of the organization and implementation of municipal control in the corresponding field of activity is established by municipal legal acts or the law of the subject of the Russian Federation and municipal legal acts adopted according to it.

According to provisions of Art. 6 of the Federal law "About protection of the rights of legal entities and individual entrepreneurs at implementation of the state control (supervision) and municipal control" definition of the local governments authorized on implementation of municipal control, establishment of their organizational structure, powers, functions and an order of their activity and definition of the list of officials of the specified authorized bodies of local government and their powers are carried out according to the charter of municipality and other municipal legal act.

The federal law "About protection of the rights of legal entities and individual entrepreneurs at implementation of the state control (supervision) and municipal control" to bodies of prosecutor's office assigned function on formation of the annual consolidating plan of carrying out planned inspections of legal entities and individual entrepreneurs.

The prosecutor's office of Chelyabinsk region according to the offer of supervisory authorities created a segment of the plan of planned inspections for 2015. The consolidating plan of checks of legal entities and individual entrepreneurs is published on the website of the Prosecutor General's Office of the Russian Federation, on the site of prosecutor's office of Chelyabinsk region.

The consolidating plan represents the information generalized base of the plans which arrived from supervisory authorities, an obligation for which consideration of projects regarding legality of inclusion of objects in them is assigned to prosecutor's office. Offers of control authorities on carrying out the test actions which are not included in the annual consolidating plan of planned inspections for 2015 are rejected as groundless.

In this regard I pay attention that according to Art. 9 of the Federal law "About protection of the rights of legal entities and individual entrepreneurs at implementation of the state control (supervision) both municipal control" and Resolutions of the government of the Russian Federation of 30.06.2010 No. 489 "About the approval of rules of preparation of the state control (supervision) by bodies and bodies of municipal control of annual plans of carrying out planned inspections of legal entities and individual entrepreneurs" planned inspections concerning legal entities and individual entrepreneurs are carried out on the basis of the annual plans developed and approved by bodies of the state control (supervision), bodies of municipal control.

On the basis of item 7 of the Resolution of the government of the Russian Federation of 30.06.2010 No. 489 "About the approval of rules of preparation of the state control (supervision) by bodies and bodies of municipal control of annual plans of carrying out planned inspections of legal entities and individual entrepreneurs" modification of the annual plan is allowed only in case of impossibility of carrying out planned inspection of activity of the legal entity and the individual entrepreneur in connection with elimination or reorganization of the legal entity, the termination by the legal entity or the individual entrepreneur of activity, operation (use) of objects of protection, objects of use of atomic energy, hazardous production facilities, the hydraulic engineering constructions which are subject to check and also with occurrence of force majeure circumstances.

Any inclusion in the annual plan of checks or exception of checks of legal entities of him or businessmen is not admissible. Carrying out the planned inspection which is not included in the annual plan of carrying out planned inspections according to the item of 1 h. The 2nd Art. 20 of the Federal law "About protection of the rights of legal entities and individual entrepreneurs at implementation of the state control (supervision) and municipal control" belongs to gross violations of requirements of the law, is the unconditional basis for recognition of results of check invalid.

On the basis of h. The 12th Art. 9 of the Federal law "About protection of the rights of legal entities and individual entrepreneurs at implementation of the state control (supervision) and municipal control" about carrying out planned inspection the legal entity, the individual entrepreneur are notified by body of the state control (supervision), body of municipal control not later than within three working days prior to its carrying out by means of the direction of the copy of the order or the order of the head, the deputy head of body of the state control (supervision), body of municipal control on the beginning of carrying out planned inspection by a registered mail with the assurance of receipt or other available way.

The bases for carrying out unscheduled inspection are fixed in h. The 2nd Art. 10 of the Federal law "About protection of the rights of legal entities and individual entrepreneurs at implementation of the state control (supervision) and municipal control". Thus, unscheduled exit inspection of legal entities, individual entrepreneurs can be carried out on the bases specified in items "and", by the item of 2 h. 2 present articles, bodies of the state control (supervision), bodies of municipal control only after coordination with body of prosecutor's office in a place of implementation of activity of such legal entities, individual entrepreneurs.

According to h. By the 16th Art. 10 of the Federal law ""About protection of the rights of legal entities and individual entrepreneurs at implementation of the state control (supervision) and municipal control" about carrying out unscheduled exit inspection, except for unscheduled exit inspection, which basis of carrying out are specified in the item of 2 h. 2 present articles, the legal entity, the individual entrepreneur are notified by body of the state control (supervision), body of municipal control not less than in twenty four hours prior to its carrying out in any available way.

 

Assistant prosecutor of the city

lawyer of 1 class M. E. Kirtyanova