The main regulatory document on the basis of which you can visit the State Fire Supervision Inspector (OND) is:
The federal law from 26.12.2008 N 294-FZ “On the Protection of the rights of legal entities and individual entrepreneurs in the implementation of state control (supervision) and municipal control”. This federal law clearly spelled out all the details of inspections, and without exception, the supervisory authorities are required to strictly adhere to its every article.
In addition to the above-mentioned Federal Law Inspector of the State Fire Supervision (OND) is governed by the Order of 01.10.2007 number 517 “On approval of the administrative regulations of the Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of Consequences of Natural Disasters on execution of the state function of the implementation of the federal bodies of executive oversight power, executive bodies of subjects of the Russian Federation, local authorities, organizations, as well as officials and citizens of mandatory fire safety requirements ”
The federal law from 26.12.2008 N 294-FZ of the unscheduled inspection mentioned in Article 10. The organization and carrying out of an unscheduled inspection.
1. The subject of the unscheduled inspection is to comply with a legal entity, individual entrepreneur in the implementation of the activities of mandatory requirements and the requirements established by municipal legislation, the implementation of instructions of bodies of state control (supervision) bodies of municipal control, taking measures to prevent harm to the life, health of citizens, harm to animals, plants, the environment, security of the state, for the prevention of emergency situations of natural and man-made disasters, in the aftermath of such harm.
To fire supervision here mainly refers only to the mandatory requirements (konktretno fire safety requirements), and the implementation of regulations.
2. The grounds for an unscheduled inspection is:
1) expiry of the execution entity, individual entrepreneur previously issued orders to eliminate violations of mandatory requirements and (or) the requirements established by municipal legal acts;
Here, it should be clear, see the term to eliminate violations, and its end wait for the inspector
2) admission to the state control (supervision), municipal control authorities appeals and applications of citizens, including individual entrepreneurs, legal entities, information from the state authorities, local authorities, the media on the following facts:
(In the red. Federal Law of 18.07.2011 N 242-FZ)
In this section, there was one special innovation, information from the state authorities. This means that the inspectors found in the facility that he does not check any violation of the (lack of fire alarms), may come to the department, to write a report about the detected violations and then, after its approval by the chief, to agree with the prosecution and conduct an unscheduled inspection. Only on the bases indicated below.
a) the occurrence of threat of harm to life and health of citizens, harm animals, plants, the environment, cultural heritage (monuments of history and culture) of the peoples of the Russian Federation, national security and the threat of emergency situations of natural and technogenic character;
(In the red. Federal Law of 27.12.2009 N 365-FZ)
b) damage to life, health of citizens, harm animals, plants, the environment, cultural heritage (monuments of history and culture) of the peoples of the Russian Federation, state security and emergency situations of natural and man-made disasters;
(In the red. Federal Law of 27.12.2009 N 365-FZ)
c) violation of the rights of consumers (in the case of complaints of citizens, whose rights were violated);
3) order (order) of the head of state control (supervision), issued in accordance with the Presidential instructions, the Russian Federation and on the basis of the prosecutor’s request to hold an unscheduled inspection under the supervision of the execution of the laws received by the prosecutor’s offices and handled.
(P. 3 The federal law from 27.12.2009 N 365-FZ, in ed. Federal Law of 18.07.2011 N 242-FZ)
в) нарушение прав потребителей (в случае обращения граждан, права которых нарушены);
3) приказ (распоряжение) руководителя органа государственного контроля (надзора), изданный в соответствии с поручениями Президента Российской Федерации, Правительства Российской Федерации и на основании требования прокурора о проведении внеплановой проверки в рамках надзора за исполнением законов по поступившим в органы прокуратуры материалам и обращениям.
(п. 3 введен Федеральным законом от 27.12.2009 N 365-ФЗ, в ред. Федерального закона от 18.07.2011 N 242-ФЗ)
4. An unscheduled audit is conducted in the form of documentary verification and (or) on-site inspection in the manner prescribed by Articles 11 and 12 hereof.
5. An unscheduled site inspection of legal entities and individual entrepreneurs may be carried out on the grounds specified in paragraphs “a” and “b” of paragraph 2 of Part 2 of this article, the state control (supervision), municipal control authorities after consultation with the prosecuting authorities at the place of of the activities of such legal entities and individual entrepreneurs.
(In the red. Federal Law dated 26.04.2010 N 66-FZ)
I’ll tell you in brief the procedure until all n. 10. The inspector submits the application + annex circulated as a disposition of an unscheduled on-site inspection, and documents that contain information that served as the basis of its implementation. The application is considered the day of receipt to assess the legality of an unscheduled on-site inspection.
10. As a result of the application on the Harmonization of unscheduled on-site inspection of the legal entity or individual entrepreneur and attached documents no later than the working day following the day of their arrival, the prosecutor or his deputy decides on the Harmonization of unscheduled on-site inspection or an failure to harmonize its implementation.
Now, if the prosecutor agrees an unscheduled on-site inspection, the inspector has the right to spend it, but if not, then not.
11. The grounds for refusal in the coordination of unscheduled field inspection are:
1) the absence of the documents attached to the application for the Harmonization of unscheduled on-site inspection of the legal entity or an individual entrepreneur;
2) there are no grounds for an unscheduled on-site inspection in accordance with the requirements of paragraph 2 of this Article;
3) failure to comply with the requirements established by this Federal Law, to the design decisions of state control (supervision), a body of municipal control to conduct unscheduled field inspection;
4) implementation of an unscheduled on-site inspection, contrary to federal laws, normative legal acts of the Russian Federation President, normative legal acts of the Russian Federation;
5) Item mismatch unscheduled field inspection authority of state control (supervision) and municipal control authority;
6) to verify compliance with the same mandatory requirements and the requirements established by municipal legal acts in respect of the same legal entity or individual entrepreneur of several bodies of state control (supervision), municipal control authorities.
12. If the basis for an unscheduled on-site inspection is causing harm to life and health of citizens, harm animals, plants, the environment, cultural heritage (monuments of history and culture) of the peoples of the Russian Federation, the state security, as well as the occurrence of extreme natural and man-made disasters , the detection of violations of mandatory requirements and the requirements established by municipal legal acts, at the time of the commission of such violations in connection with the need to take urgent measures of state control (supervision) bodies of municipal control has the right to initiate an unscheduled on-site inspection immediately notifying prosecutors to hold events control by sending the documents provided for in paragraphs 6 and 7 of this article, the prosecutor’s office for twenty-four hours. In this case, the public prosecutor or his deputy shall decide on the Harmonization of unscheduled field inspection on the day of receipt of the relevant documents.
All will not release, just read n. 12 carefully. Let me just say that if you have a fire happen and it will suffer or die people, the exceptional check you provided. Or you’ll make violations of fire safety rules directly in front of the inspector, he can check your organization immediately.
16. On an unscheduled on-site inspection, except for an unscheduled on-site inspection, the grounds of which are listed in paragraph 2 of Part 2 of this article, and unscheduled site inspection for compliance with the Federal Law of Article 11 dated 26 July 2006 N 135-FZ “On the Protection of competition “, a legal entity, individual entrepreneur notified body of state control (supervision), a body of municipal control no less than twenty-four hours before the start of its implementation in any way possible.
In Sec. 16, it is said that prior to the unscheduled site inspection you should notice no later than 24 hours before the start of its implementation in any way possible.
17. If as a result of a legal entity, individual entrepreneur suffered or is suffering harm to life and health of citizens, harm animals, plants, the environment, national security, as well as have arisen or may arise emergency situations of natural and man-made, pre-notification law entities and individual entrepreneurs to start an unscheduled on-site inspection is not required.
Another item that you want to read more!
According to Article 13 of the Federal Law the term of an unscheduled inspection (documentary and (or) exit) can not privyshat 20 working days.
Article 15 of the Federal Law Restrictions during the audit
When inspecting officials of state control (supervision), municipal control authority is not entitled to:
…
2) to carry out scheduled or unscheduled site inspection in case of absence during her holding the head, another officer or authorized representative of a legal entity, individual entrepreneur, his authorized representative, except in the case of a test on the grounds specified in subparagraph “b” of paragraph 2 of Part 2 article 10 of this Federal law;
…
If you do not want the inspector to come to you on the subject was not able to conduct an unscheduled inspection, it is best to agree in advance the exact time and place of the meeting. If you’ll hide from the inspectors that there is a chance that you will at the hands of police officers