Inspections by prosecutors, the consumer watchdog and other authorities

What is happening

The prosecutor's office demands several years' worth of documents within two days, and it is unclear whether the company has to gather all of it or by when. Or a letter arrives about an inspection prompted by someone's complaint, and it is not even clear what is being checked.

The consumer watchdog, the labour inspectorate or the fire authority turn up for an on-site inspection or a test purchase. Staff on site are caught off guard, give explanations off their own bat and sign inspection records without reading them, and those documents later become the basis for a fine.

The inspection is over and you have a report listing a dozen breaches and an order with tight deadlines. Some items are disputable, some cannot be done by the date given, and failing to comply with an order is a separate offence in itself.

What the law says

• Most inspections of businesses are carried out under Federal Law No. 248-FZ of 31 July 2020 "On State Control (Supervision) and Municipal Control in the Russian Federation" (Law 248-FZ). It sets out the types of control measures, the grounds for them and the rights of the company being inspected.
• An unscheduled measure is allowed only on a ground listed in Law 248-FZ, and on-site inspections and several other measures must be approved by the prosecutor's office. Control measures are entered in a single register, and that register is the first thing we check.
• A warning that a breach must not be committed does not carry a fine in itself, but objections to it can be filed. It should not be ignored: it is often a prelude to an inspection.
• Decisions of a control authority, including orders, must be challenged through the pre-trial procedure before going to court, usually via the public services portal. Without that step a court will, as a rule, not hear the claim.
• A prosecutor's inspection is conducted under the Federal Law "On the Prosecutor's Office of the Russian Federation" rather than Law 248-FZ, with its own grounds and procedure. It may end with a formal demand to remedy breaches, a protest or proceedings for an administrative offence.
• Failing to comply with a lawful order on time is an administrative offence in itself under the Code of Administrative Offences, so disputed items should be challenged or an extension requested, rather than simply left undone.

What we do

• We check the grounds and the authority: whether the measure is in the register, whether the prosecutor approved it, and whether what is being requested matches the subject of the inspection.
• We prepare responses to requests and demands: what the company must provide, how much and by when, and what is better shown on site than sent as copies.
• We brief the staff who will deal with the inspectors and, where needed, attend on-site measures.
• We review the records and the report, prepare objections and additional documents before the authority reaches its decision.
• We challenge orders and decisions through the pre-trial procedure and in court, and apply for extensions of compliance deadlines.
• We draft the response to a prosecutor's demand and take part in its consideration.
• If proceedings for an administrative offence follow, we move on to defending the company and its officers.

What we will need from you

• The decision to inspect, the demand, letter or warning: everything received, with the dates it arrived.
• Information about the company and its sites: addresses, activities, licences, and risk category if known.
• Results of earlier inspections, orders issued and how they were complied with.
• The names of staff who will deal with the inspectors, and who is authorised to sign documents.
• Documents relevant to the subject of the inspection: internal policies, logs, contracts, reports.
• A power of attorney to represent the company before the authority.