We have already informed you about planned and unscheduled inspections of beer and beverage producers performed by the Federal Service for Alcohol Market Regulation and introduction of the Administrative Regulations for inspection of legal bodies and individual entrepreneurs under the state control.
Companies are being subject to inspection
Legal entities connected with licensed production and circulation of alcohol are defined in the Administrative Regulations in section 4, sub-point 1.
Control activities are carried out against non-licensed productions (sub-point 2, section 4). It is referred to production, keeping and delivering of beer, beer-based beverages, cider, perry and mead; purchasing, keeping and delivering of beer, beer-based beverages, cider, perry and mead; purchasing of ethanol exceeding 200 dl./year according to pharmacopoeial items for medical, own and technical needs.
Ways of inspection of alcohol producers
Companies can be controlled within the framework of planned and unscheduled desk or on-site inspections (points 26 and 41, section III of the Administrative Regulations).
A reason for planned inspection is expiration of one year from the date of license issuing or re-issuing and also expiring of three years from the date of completing of the last planned inspection.
If company’s business is not licensed, it can be inspected after three years from the date of the state registration or completion of the last planned inspection. (point 26, section III).
Reasons for carrying out unscheduled desk inspection are mentioned in the sub-point 2, point 42, section III of the Administrative Regulations. It is referred to expiration of the period of rectifying violations, issued by the Federal Service.
Besides, unscheduled inspection can be performed by the order of the President, Government or Attorney.
Reasons for unscheduled on-site inspection are similar, plus one point: detection of violations concerning licensing as a result of analyzing of declarations and other information contained in USAIS and other information systems (sub-point 1, point 42, section III). Detailed description of on-site inspection is defined in the point 79, section III of the Administrative Regulations). In case of unlicensed activity, the company shall be guided by point 85, section III.
Inspection periods
An inspection period is limited and fixed by the order of the Head or Deputy Director of the Federal Service for Alcohol Market Regulation or its regional office and this period must not exceed 20 working days from the date of inspection start (point 17, section II of the Administrative Regulation).
Prolonging of this period is possible if bureaucrats need to perform additional measures: expert review, research, tests and investigation and translation of documents into Russian.
Total inspection period shall not exceed 40 working days (point 18, section II) and if a license is not required, inspection period can last 60 working days (point 19, section II).
It bears noting that if the legal entity is operating within several constituent territories of the Russian Federation, the period is fixed for every separate division. The total inspection period can not exceed 60 working days. (point 20, section II).
For small companies, if their business is not licensed, there are special time periods: planned on-site inspection is 50 hours per year and for micro-companies – 15 hours.
Planned inspection
In preparatory period, bureaucrats are drafting a plan for conduction inspections, approved by prosecution authorities and placed on the official site of the Federal Service for Alcohol Market Regulation (point 25, section III). Then the order for conducting of control measures is issued and the company must receive a notification (sub-points 2,3,4, point 27, section III).
The following information can be sent via e-mails and advice-of-receipt post (point 34, section III).
The company shall send corresponding copies of documents, affixed with the seal and signed by the Head or authorized person within 10 working days (point 75, section III).
Unscheduled inspection
Procedure of unscheduled inspection is described in the point 44, section III.
For example, the Federal Service for Alcohol Market Regulation is checking all information and documents concerning rectification of violations. Besides, bureaucrats can take in to account corresponding instructions of the President, Government or Attorney.
Violations can also be detected as a result of analyzing of declarations and other information contained in USAIS and other information systems (sub-point 1, point 42, section III).
Unscheduled inspection is agreed with prosecution authorities (sub-point 6, point 44, section III).
Appealing of inspection results
After completing inspection, a special act is issued (point 106, section III). Besides, the Federal Service must prepare an audit conclusion (point 102, section III).
If the company doesn’t agree with inspection results, it has a right for appeal.
Information and material relevant to a case are sent to the Federal Service for Alcohol Market Regulation or its regional offices in soft or hard copies.
A period of complaint investigation shall not exceed 15 days from the moment of its registration. If a deep checking is necessary, this period can bee prolonged but for no more than 15 days, followed by a written notification (point 138, section V).
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