Plan of checks on the organization's TIN. How to find out about a scheduled inspection of my business

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, first look at the website of the regional department 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 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 at least 3 years must pass from the moment of state registration of a legal entity or individual entrepreneur 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, the Tax Inspectorate 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 the controls. 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;
• Pozhnadzor (control of compliance with fire safety requirements) - 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 -

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: Since April 18, 2016, audit organizations have been controlled by the 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 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, there is a ban on scheduled inspections of legal entities and individual entrepreneurs classified as small businesses, information about which is included in the Unified Register of SMEs.

To find out if your business is included in the inspection plan of any regulatory agency (for example, the labor inspectorate, the 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;
• the 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. The schedule of such checks can be found at the regional branch of the 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 Environmental Monitoring	Organizations
Ministry of Natural Resources of Russia/Federal Forestry Agency	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 the 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, 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”).

"Surveillance holidays" for kids extended

The moratorium on scheduled inspections of small businesses has been extended until the end of 2020.

Note: Federal Law of December 25, 2018 No. 480-FZ

Previously, it was planned that 2018 would be the last year of the “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 scheduled inspections will not affect “kids” who are engaged in activities in the field of healthcare or education, in the social sphere, in the field of heat supply or the electric power industry. Organizations and individual entrepreneurs that have been punished for gross violations, deprived of licenses or disqualified over the past three years will also be included in the "test" plan on a general basis.

Attention! Organizations and individual entrepreneurs in the sphere of healthcare, education, etc. do not fall under the exemption. 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 on the average number of employees.

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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How do I find out about a scheduled inspection of my business? What is the responsibility of officials of control bodies for conducting a scheduled inspection that is not included in the annual consolidated plan for business inspections?

There are several ways to find out about a scheduled inspection of your business.

The first and most universal: You can go to the website of the General Prosecutor's Office of the Russian Federation in the section "Consolidated plan for business inspections", select the appropriate year of inspection (for example, http://plan.genproc.gov.ru/plan2013/), and then indicate TIN of your company and confirm the request by clicking on the "Search" image. The automated program will give you the search results.

Legislative provisions on the need to post a consolidated plan for business inspections on the website of the Prosecutor General's Office of the Russian Federation are provided for in paragraph 7 of Art. 9 of 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" dated December 26, 2008 No. 294-FZ.

The use of the second option is possible when you know which control and supervisory authority should organize planned control measures for you.

For example, you received an order by mail about an upcoming scheduled inspection from a municipal control body.

According to paragraph 5 of Art. 9 of Federal Law No. 294-FZ, the annual plan for scheduled inspections approved by the head of the state control (supervision) body or municipal control body is brought to the attention of interested parties by posting it on the official website of the state control (supervision) body or municipal control body on the Internet or in any other available way.

Thus, you can check the availability of a planned control measure by visiting the website of the local government body to which the municipal control body is subordinate (if the municipal control body does not have its own website).

And the third option: it is used when you know which control body should check your enterprise. Go to the website of the regional prosecutor's office in the section "Consolidated inspection plan" (for example, http://www.samproc.ru/plan/2013/index.php), select the appropriate control body, then view the plan of this control body for your enterprises.

It is important to note that conducting a scheduled inspection that is not included in the annual plan for conducting scheduled inspections entails the invalidity of the results of its inspection (clause 7, part 1.1, article 20 of Federal Law No. 294-FZ), as well as the administrative responsibility of officials authorized to carry out state control (supervision) under Part 1 of Art. 19.6.1 of the Code of Administrative Offenses of the Russian Federation, in the form of a warning or the imposition of an administrative fine in the amount of three thousand to five thousand rubles. The repeated commission of such violations entails administrative liability up to disqualification for a period of six months to one year (part 2 of article 19.6.1 of the Code of Administrative Offenses of the Russian Federation).

Bodies of the Prosecutor's Office of the Russian Federation supervise the observance of the law during inspections of business entities by various regulatory authorities. The inspection plan, which is annually formed and approved by the prosecutor's office, is drawn up according to the data of the supervisory authorities of the subjects of the Russian Federation (Rospotrebnadzor, Gostrudinspektsiya, Main Directorate of the Ministry of Emergency Situations, Roszdravnadzor, the Department of Education, etc.). We will tell you in this article how the annual “testing” plan of entrepreneurs and firms is being formed, and who it will affect in 2018.

Consolidated plan of inspections of the prosecutor's office for 2018

Until September 1 of each year, regional supervisory authorities draw up plans for inspections of economic entities in their region and send them to the regional prosecutor's office for approval. The task of the prosecutor's office is to check whether the submitted projects comply with the norms of the law. If there are no comments, the verification plan is returned back to the supervisory authority, which approves it, and before November 1, the plan is again sent to the prosecutor's office in the final approved form.

The reasons why the prosecutor's office may refuse to carry out supervisory and control measures are the lack of grounds for verification, failure to comply with the deadlines for periodicity, or the presence of inaccurate information about the legal entity or individual entrepreneur.

Thus, out of almost 8,000 applications, the Moscow Prosecutor’s Office approved the inspection plan for 2018 only for 6,454 business entities. The prosecutor's office of the Stavropol Territory approved the inspection plan for 2018, including 6897 proposals for inspections by state control bodies, and rejecting 688 due to violation of the law.

The prosecutor’s office of the Republic of Karelia reduced the inspection plan for 2018 by more than 300 applications due to their unfoundedness. After “screening out” 473 illegal applications, approved by the prosecutor’s office of the Ivanovo region, the inspection plan for 2018 includes 1904 events. For the same reasons, the Bashprocuracy excluded more than 450 applications from the consolidated inspection plan for 2018, and the Mordovia prosecutor’s office reduced the inspection plan for 2018 by 651, leaving 1,600 planned events.

For whom did the Prosecutor General's Office approve the inspection plan?

During scheduled inspections of business entities, various control bodies check:

• compliance with the mandatory requirements of the law by organizations and individual entrepreneurs,
• compliance of information from notifications on the commencement of activities for a particular type of entrepreneurship with the provisions of the law.

The plan of inspections adopted by the Prosecutor General's Office does not include information on inspections by tax, customs, currency control authorities, on control over the use of personal data and on compliance with anti-terrorism legislation.

The prosecutor’s office may not include all business entities in the inspection plan for 2018: from 01/01/2016 to 12/31/2018 there is a moratorium on scheduled inspections of all small businesses, so those who fall into this category should be checked in 2018 should not (Article 26.1 of the Law of December 26, 2008 No. 294-FZ).

In addition, a scheduled inspection is possible only in relation to firms and individual entrepreneurs, from the date of registration of which at least 3 years have passed. The same period must elapse from the date of completion of the previous similar scheduled inspection on the same basis (unscheduled inspections are not taken into account). Newly created individual entrepreneurs and organizations are included in the "test" plan no earlier than 3 years after the start of business.

There are exceptions to the above rules: despite belonging to the representatives of the SMP, the prosecutor's office and other supervisory authorities have the right to include in the inspection plan-2018:

• “administrative offenders” who have been held accountable for gross offenses or have been deprived of a license to operate for the past 3 years;
• entities whose activities belong to the so-called "risk" types and are included in the list established by the Government.

Regardless of the given deadlines, scheduled inspections can be carried out annually, or once every 2 years for organizations and individual entrepreneurs operating in the social, educational and healthcare sectors (Decree of the Government of the Russian Federation of November 23, 2009 No. 944 as amended on January 20, 2011).

If the plan of prosecutorial inspections for 2018 mistakenly includes a subject who, by all indications, should not be checked, he needs to write to the appropriate inspection state body an application for exclusion from the plan of annual inspections (clause 3, article 26.1 of the law of December 26, 2008 No. 294-FZ ).

How to find out if the Prosecutor General's Office included you in the inspection plan for 2018

In accordance with the law, the Prosecutor's Office of the Russian Federation published the inspection plan for 2018 after approval on its official website on December 28, 2017. The register of scheduled inspections contains control measures carried out by supervisory authorities in accordance with Law No. 294-FZ. It indicates the purpose of the audit, the timing of its conduct, the supervisory authority, information on the assignment of a risk category to a particular activity of the audited persons, etc.

In 2018, in Russia as a whole, inspections will take place at 350 thousand individual entrepreneurs and organizations. Any business entity can check whether it is on the general "checking" list. To do this, you need to find a summary plan of inspections for 2018 on the website of the Prosecutor General’s Office, and on the ]]> page of a special service ]]> indicate information about yourself (TIN, name, PSRN, or address), as well as the month of the inspection and the name of the state body conducting supervision .

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 the new system of business reviews from 2018 to 2024 and links to the most relevant notes regarding reviews in 2019, in particular, download a sample application to exclude your organization from the review 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 of the Russian Federation or the FSIS "Unified Register of Inspections".

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-ФЗ “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control”. Download Federal Law No. 294-FZ.

 

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