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Assistance in appeal and cancellation of the results of inspections of state bodies

Assistance in the appeal and cancellation of the results of inspections by government agencies, the abolition of fines and bans - or in not allowing for the inspection. What is more effective?

Probably start this section right from the start. That is, not with an appeal and the subsequent annulment of the results of the checks, but with the arrival of the inspectors in order to conduct it with you.

Here, an entrepreneur should have and many people have reasonable questions: “Did they come to me for a test correctly?”, “Do these inspectors have the right to check me?” and so on.

That is, the first question is the admission of inspectors to the verification. What is necessary for this to know first? Will you say special legislation regulating the conduct of inspections of economic activities of a particular inspection (for example, fire, or environmental)? Be sure to say this and go wrong.

The first that you need to pay attention to is the moratorium on inspections that has become popular in recent years to the state.

Initially, this moratorium was introduced by the law on the state budget for the relevant year. For 2017 and 2018, it was established by a special law (“On temporary features of the implementation of state supervision (control) in the sphere of economic activity”).

And here it was ridiculous, especially at the beginning.

It so happens that the right hand of the state took at the legislative level and published a corresponding moratorium. And, as it were, loosened her controlling stranglehold on the neck of an honest entrepreneur. And the left hand, in the face of its inspection bodies, as if nothing had happened, sent paper, with a notice of the beginning of the inspection.

However, if the meticulous lawyer of this company correctly and convincingly pointed out to those who checked for errors, then the check did not come at least. And there were cases and repeated letters of the supervisory authority, but already of an excusable nature.

Agree that it is much more effective to deliver the right preemptive strike in the legal field and with reference to the law and avoid checking than later writing complaints and further appealing decisions or another checking organization in court and canceling the results of checks.

Especially since the inspectors can dig something up at you. And then they will be like a flag waving at a court session with identified and documented violations at all levels, and also to assert that there are violations, and your company uses formal clues to neutralize them.

And so everything is simple. As law enforcement officers say: “there is no body - there is no business”. There are no legal grounds for verification - there is your right to refuse admission of inspectors. Only this must be done correctly! And lawyers of our company have real and wide experience in this direction.

Secondary , these are the very reasons for conducting a routine or unscheduled inspection.

You can find a list of these grounds in the Law of Ukraine “On the Basic Principles of State Control in the Sphere of Economic Activity”, which is fundamental in the sphere of audits of economic activity. Based on its provisions, only one thing can be the basis for carrying out a scheduled inspection - this is a plan.

At the same time, the plan for the next year should be drawn up and approved in advance, and not during the same calendar year. Moreover, no later than December 1, this inspection plan for the next year, possibly including your enterprise, should be published on the website of the relevant state control body.

This is convenient for two reasons right away.

First, there is no you in terms of checks, it is not published, not approved in time and published not in time - there is no check. There is no plan, or the established order of its birth is violated - there is no routine check.

Secondly, assuming by the nature of your company’s activities, what kind of checks you can expect, you can periodically monitor relevant sites and receive information about the forthcoming check in advance.

Here, as they say: "Who is forewarned is forearmed." In this case, you can not only properly prepare for the inspection, eliminating possible violations, but also take into account the positive or sad experience of other competitors who have already passed such testing.

With regard to the grounds for conducting an unscheduled inspection, their exhaustive list is set forth in the aforementioned law. This may be the detection of inaccurate information in the reports submitted by the enterprise, or failure to submit such reports in general, the occurrence of accidents or incidents, etc. p.

It is important that this list of grounds for unscheduled inspections should be strictly observed and cannot be expanded without authorization.

Because of this, there is no legal basis for conducting an inspection - there is no right to conduct an inspection.

Third , a little returning to the scheduled checks, this is the possible frequency of their conduct. You probably have repeatedly asked the question of how often the same test can come. Once a month, quarter, year?

This periodicity is established by law.

All potential audited companies are divided into three categories depending on the degree of risk.

Companies classified as high risk can be checked no more than once every two years. To the average degree of risk - no more than once every three years. To a small degree of risk - no more than once every five years.

In this case, the criteria for assigning a company to one category or another (depending, as a rule, on the scale, for example, of the production activity of your company) are approved by a regulatory act of the Cabinet of Ministers of Ukraine.

Trying to come to you with a check more often than they have the right to do? Apply a written reasoned preemptive strike.

Trying to "pull" you to the most frequently checked category of companies?

Notify him in writing about the erroneousness of his legal position.

Is there an attempt to go beyond the legislatively regulated frequency of inspections? There are grounds for not admitting inspectors to check.

Fourth , this is a series of formalities that government officials must follow when coming to check. Provided, of course, if they did not allow the above violations.

When starting a scheduled inspection, they must notify you in writing of its beginning, no later than 10 days.

The content of such a written notice, as well as the method of its direction or delivery of your company is also determined by law.

Such a written notice has not been received - there are grounds for not allowing verification.

Getting as planned and unscheduled inspection, the supervisory authority is obliged to issue a corresponding order, the content of which is regulated by law.

On the basis of the order, a certificate is issued (direction) for the inspection, which is signed by the head of the supervisory authority or his deputy with the name, first name and patronymic and certified with a seal.

The content of the certificate (referral) is also regulated in detail by law.

An official of the supervisory authority without a certificate (referral) for inspection and a certificate of employment has no right to inspect your company. Violation of the above requirements is another reason to appeal and cancel decisions made.

Doubt your abilities and self-ability to resist the inspection bodies? Maybe the tax or other inspection has already arrived and made a disappointing decision? Contact us! We will definitely help to appeal the decision and settle any dispute with both the tax and other regulatory authorities in your favor and avoid paying fines.

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