The moratorium on inspections of small business in Russia: the content of the law

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2018-03-20 17:34:14

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The Moratorium on inspections of small businesses started to operate the first of January 2016, and end on the thirty-first of December 2018. Given that recently was passed the middle of the allotted period, it's time to consider the law, especially its implementation, and the extent to which the theory matches the practice.

General information

the moratorium on inspections of small businessesAs mentioned earlier, the law on moratorium of inspections of small business works in a time period from the first of January 2016 at the thirty-first of December 2018. What does that mean? The law introduces a ban on scheduled inspections of legal entities, which are related to small businesses and individual entrepreneurs. This was done with the aim of creating favourable conditions for the development of small economic actors. But it is still inferior protection. So, an exception is made for radiation, environmental and fire control, as well as in the sphere of state secrets and in the use of nuclear energy. Therefore, a three-year moratorium on inspections of small business are not fully felt by those entities that are engaged in potentially dangerous activities.

Legislative framework

What to do if you want to see the original? In such case, you can read the Federal law N 294-FZ, dated the twenty-sixth of December two thousand and eight, “On protection of rights of legal entities and individual entrepreneurs when exercising state control (supervision) and municipal control”. This specific part. But it relies in terms of the theory of the fourth article of the Federal law N 209-FZ, dated twenty-fourth day of July, two thousand and seven "About development of small and medium entrepreneurship in the Russian Federation". The remainder of this article will describe clear “human” language about his actions.

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What the law says?

the moratorium on planned inspections of small businessesInitially, let's turn our attention to the term. A moratorium on tax audits of small business operates in the time range from January 2016 at the thirty-first of December 2018. And it is enshrined in law and is not a government order, the President or anyone else. This is stated in article 26.1 N 294-FZ of this document. It should be noted again that the ban is not absolute. So, it does not apply to unscheduled audits. This is referred to in articles 10 and 26.1 N 294-FZ. Unscheduled inspections may be conducted without restriction. That will help make it clear in parts two and three of article nine of the law No. 294-FZ. There are also certain restrictions on database actions. So, if the check is not subject to the requirement of the same law N 294-FZ, it too can be carried out without any restrictions. The whole list can be found in parts 3 and 3.1 first article. In short, the interest here is the Federal law N 144-FZ, dated the twelfth of August 1995 "On operational-investigative activities". Will not stop the law and public servants that are oriented criminal procedure code of the Russian Federation. In other words – tax, police, prosecutors, customs, insurance, currency, Bank checks will continue. Apart from these, still it is worth mentioning the observance of the legislation on contract system, and also in the dissemination of information or at its storage.

Where else the moratorium will not protect?

the moratorium on inspections of small and medium businessGeneral interest the sub-items from the first and eighth part of article 26.1 the law N 294-FZ. As mentioned before in the article (albeit briefly), no canceled checks and fire inspectors of Gosgortechnadzor for the production of objects that belong to 1 or 2 hazard class. Besides, watching those who have access to state secrets. Not exempt from licensing inspections of management companies that are dedicated to ensuring your stay in the apartment houses. Sighed and auditing of the company, because the external control over their activities and quality of work is also not canceled. The moratorium on inspections of small business in Russia is not cancelled also in the areas of education, health, electricity, district heating, energy efficiency, energy conservation and concerning the subjects of social orientation. This is stated in the ninth and first parts, respectively, articles 9 and 26.1. Despite the fact that the main points spelled out in the law, a certain influence is also exerted by a decree issued by the government of the Russian Federation N 944 from the twenty-third of November 2009. Why? The fact that law No. 294-FZ there are many vague terms, so a decision was taken on resolution No. 944.

Even less protection

the law on moratorium of inspections of small businessesThe Moratorium on inspections of small business are not valid in the case of conformity of economic entity to the whole set of conditions. Some of them, admittedly, are quite adequate and necessary. In other cases, there is a certain amount of doubt in terms of the possibility of manipulation. So, not to speak about the moratorium on inspections of small businesses in cases where it wasidentified over the last 3 years activities such violations that led to the disqualification or the suspension of the activities of the subject of economic activities for gross violations. Also must enter into its legal force the decision to revoke the license or impose an administrative penalty. And while this is not, the question remains in limbo. These requirements are in the second part of the ninth article of the law No. 294-FZ.

Important

When he formed a plan (or will be), it must be submitted to the Prosecutor no later than the first of September of the current year. And next he will have to act. This is required by the government of the Russian Federation N 489 of June thirtieth 2010. Although other departments are recommended to contact them yet. So, in the methodical recommendations approved by rostruda number N 455 from the twenty-eighth of October 2010, States that all documentation should be ready by the first of July. This is done to ensure timely response to all queries. Although we should not forget that this is not a requirement, but a recommendation.

Changing reality

the moratorium on inspections of small business in RussiaAlas, a moratorium on tax audits of small businesses does not apply. And there's nothing you can't fix. But what if the entrepreneur or the organization believe that they are subject to the act, whereas regarding their already scheduled a test? In this case, to change the reality quite able. What you need to do? Originally written the statement in which asked to exclude from the annual plan. It pointed out that the current situation violates article 26.1 N 294-FZ. All requirements and recommendations of the statement can be found in decree No. 1268 of the government of the Russian Federation from the twenty-sixth of November 2015. It includes a list of documentation that must be prepared for the approval of a positive decision. But what if the planned test just now start? In this case, you must provide the collected application documentation and point to the fact that there is no need to be tested. And if there is no administrative violations or data about them, the process will be terminated. In this case, constitute a special act, which provided the fifth part of article 26.1 of the considered N 294-FZ. If the check was made, you can appeal and to recognize its invalid. In this case, come to the aid of the first and seventh of the articles 20 and 26.1, respectively.

Misconceptions

the three-year moratorium on inspections of small businessSometimes you can hear the wrong information, which is either deliberate deception, or a desire to see what is not there, but I want to. So, you can find mention of the fact that there was a moratorium on checks of small and medium business. This is incorrect. Although such proposals and sounded when the law was discussed, but in the end its got small businesses and individual entrepreneurs. Also, as discussed, it does not give 100% immunity by state officials. Once again I want to focus on the fact that the moratorium is directed only to the scheduled inspection. If the relevant authorities will ask the person concerned, to avoid contact with government in the person of its representatives will not work. Thus, for example, can be an individual, who after food in the café has a stomach ache.

Why was this law introduced?

The Moratorium on planned inspections of small businesses is aimed at improving the economic situation in the country and ensuring of activity of subjects of economic activities. It is implied that he will give entrepreneurs the opportunity to develop, not to spend time on paper. How this objective will be achieved can only be judged after the end of the grace period. Now restrict intermediate results. The greatest benefit from the law was given to those entrepreneurs who have chosen the white model and do not commit offences. And that's okay because they were the main purpose of the event.

Conclusion

a moratorium on tax audits of small businessDespite a pretty good law, there are still a lot of work. Now the Russian Federation has not the easy times. So you need to concentrate on creating their own sustainable economy. Russia has already managed to finish one large reserve Fund, two more at the end. And increasingly there are questions about what are we going to do after they are depleted. In this case we can rely only on themselves. And at the head of the train which will pull all of us will become entrepreneurs – people who are not afraid to take responsibility and act. We need to ensure that honest and capable was in the most favorable conditions. It is important not to disturb them to act. And becoming rich, they will do the same and other people that surround them. You need only patience.


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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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