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Rules for assigning activities of legal entities. Criteria for attributing activities of legal entities and individual entrepreneurs in the field of communication

Legislation
04.10.2020

For the first time, the concept of a risk-oriented approach during the inspections appeared in the federal law of December 26, 2008 No. 294-FZ "On Protection of Rights legal entities and individual entrepreneurs Under exercise state control (supervision) and municipal control"(As amended from 10/30/2017; more - the federal law No. 294-FZ) in connection with the adoption of the Federal Law of July 13, 2015 No. 246-FZ "On Amendments to the Federal Law" On the Protection of Rights of Legal Entities and Individual Entrepreneurs in the implementation of state control (supervision) and municipal control ", which entered By virtue of July 14, 2015.

By general ruleAccording to Part 2 of Art. 2 of the Federal Law No. 246-FZ, a risk-oriented approach in conducting state control (supervision) applies from January 1, 2018 However, the Government of the Russian Federation has the right to identify certain types of state control (supervision), which using a risk-oriented approach can be carried out. until January 1, 2018

What is controlled using a risk-oriented approach

Decree of the Government of the Russian Federation of 08/17/2016 No. 806 "On the application of a risk-oriented approach in organizing separate species state control (supervision) and amending some of the acts of government Russian Federation"(As amended by 07.22.2017) approved:

Rules for assigning activities of legal entities and individual entrepreneurs and (or) used by them production facilities to a certain category of risk or a certain class (category) of danger (hereinafter - Rules);

The list of types of state control (supervision), which are carried out using a risk-oriented approach (hereinafter - a list).

In paragraph 4, the list is named federal state supervision of compliance labor legislation and other regulatory legal acts containing norms labor law.

Decree of the Government of the Russian Federation of 01.09.2012 No. 875 (as amended on 02.11.2017) approved the Regulation on the Federal State Supervision for Compliance with Labor Legislation and other regulatory legal acts containing labor law standards (hereinafter referred to as the Regulation).

Federal State Supervision in the field of labor with the use of a risk-oriented approach is carried out with respect to employers - legal entities (organizations) and individualsregistered as individual entrepreneurs.

Who determines the risk category or hazard class

When applying a risk-oriented approach to conducting compliance with the requirements of labor legislation, employers (organizations, individual entrepreneurs) refers to a certain category of risk in accordance with the rules.

In accordance with paragraph 18 of the provisions, the assignment of the organization or individual entrepreneur to the risk category is carried out:

The decision of the main thing state inspector labor of the Russian Federation (his deputy) - when classifying the category of high risk;

By the decision of the Chief State Inspectorate of Labor in the subject of the Russian Federation (his deputy) - when classifying to categories of significant, medium and moderate risk.

The list of risk categories or hazard classes used in the implementation of a separate type of state control (supervision) includes from 3 to 6 risk categories or from 3 to 6 risk classes from among the risk categories and hazard classes.

How to calculate the coefficient of sustainability of conscientious behavior

When calculating the potential risk of causing harm to the laws by protected law in the field of labor for organizations or individual entrepreneurs, the stability coefficient of their bona fide behavior associated with the execution is taken into account mandatory requirements (Ku). This coefficient is calculated for each employer based on availability:

Accidents recognized by production related to production;

Debt in wages;

Appointed administrative penalties for violation of mandatory requirements in the field of labor.

Data departmental reporting on the results of inspections presented territorial bodies Rostrude for the three years preceding the current. In departmental reporting on the activities of labor inspections in the constituent entities of the Russian Federation contains information about administrative offenses, including those excited by the prosecution authorities;

Information on injuries for the three years preceding the current;

Establishment on wage arrears for the previous year.

How often scheduled checks are held

Planned inspections regarding the activities of the organization or individual entrepreneur, depending on the risk category assigned to their activities, are carried out with the following frequency:

Regarding the organization or individual entrepreneur, whose activities are classified as low risk, planned checks do not be held.

How can I find out your category of risk

On the official website of Rostruda until July 1, the previous year, the following information about organizations or individual entrepreneurs, whose activities are related to the categories of high and significant risks: the following state of the scheduled inspections is also supported.

Full name of the legal entity (organization), surname, name and patronymic (if any) of an individual entrepreneur;

Main State Registration Number (OGRN);

Individual taxpayer number (INN);

Location of a legal entity or an individual entrepreneur;

Place of carrying out the activities of a legal entity or an individual entrepreneur;

Currently, the following lists of employers are published on the official website of Rostrud:

Order of Rostrud dated 14.06.2017 No. 350 approved the list of employers - legal entities and employers - individuals registered in installed manner as individual entrepreneurs and implementing business activities Without the formation of a legal entity assigned to the category of high risk.

The above-mentioned lists will be guided by labor inspections during the inspections of employers.

Thus, find out your category of risk Employer may contact:

To lists of organizations or individual entrepreneurs, the activities of which are related to the categories of high and significant risks posted on the Internet on the official website of Rostrud;

With a written request to the Federal Service for Labor and Employment. At the request of the employer, Rostrud must provide information on the risk category assigned to its activities.

Can the risk category change

It should be noted that the provision provides for the possibility of lowering or enhancing the risk category assigned to the employer (organization, an individual entrepreneur), according to the results of a planned audit.

In the absence of appointed administrative penalties for violation of mandatory requirements in the field of labor on the results of the planned audit, a decision is made to lowering the category of risk, assigned activities of a legal entity or an individual entrepreneur, until the next risk category.

In the presence of a deadly accident recognized by production related to the three years preceding the current category rises To high risk.

In the event of a review of the decision to attribute the activities of the organization or an individual entrepreneur to one of the categories of risk, the decision to change the category of risk to a higher category is made by an official authorized to make a decision on attributing to the relevant category of risk.

The decision to change the category of risk to the lower is accepted by an official who had previously decided to attribute the employer to the risk category. Such a solution with the application of documents and information on the basis of which it was taken, is sent to the official authorized to attribute an employer to the relevant category of risk.

In the absence of a decision on attributable to a certain category of risk, the employer's activities (organization or individual entrepreneur) considered to the low-risk category .

In addition, a declarative nature of the change assigned a previously assigned risk category is provided: the employer may apply to labor inspection appropriate statement.

Article 8.1. Application of a risk-oriented approach in organizing state control (supervision)

Arbitration Court of the Sverdlovsk Region (Sverdlovsk Region)

Would be one of specified conditions eliminates the satisfaction of the stated requirements. In addition, to recognize the action (inaction) illegal, it is necessary to establish the presence of the fact of action (inaction). According to Article 8.1 of the Federal Law of December 26, 2008 No. 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the implementation of state control (supervision) and municipal control" (hereinafter - Law No. ...

Resolution of June 14, 2019 in case number A27-19978 / 2018

Seventh Arbitration court of Appeal (7 AAS)

The FZ is enshrined that the Government of the Russian Federation may establish another frequency of scheduled inspections in the implementation of types of state control (supervision) defined in accordance with Part 1 and part 2 of article 8.1 of the named law, depending on the classification of the legal entity and (or) used They provide production facilities to a certain category of risk, a specific class (...

1. These Rules establish the procedure for attributing the activities of legal entities and individual entrepreneurs and (or) used by the production facilities (hereinafter referred to as the objects of state control (supervision) to a certain category of risk or a specific class (category) of the danger denoted as hazard classes or hazard category ( Next - the classes of danger).

2. For a separate type of state control (supervision), risk categories or hazard classes are applied.

3. The list of risk categories or hazard classes used in the implementation of a separate type of state control (supervision) includes from 3 to 6 risk categories or from 3 to 6 hazard classes from among the risk and hazard classes according to the application and is established for the types of federal state control. (supervision) - Regulations on the form of federal state control (supervision) or the Regulations on the licensing of a specific type of activity, for the species of regional state control (supervision) - regulatory legal Act Government of the Russian Federation, and in case of its absence, the regulatory legal act of the Supreme Executive Body state power Subject of the Russian Federation.

4. Criteria for the classification of state control facilities (supervision) to a certain category of risk or a specific hazard class, if such criteria are not established by federal law, are established taking into account these rules for the type of federal state control (supervision) - the Regulations on the form of federal state control (supervision) Or the Regulations on the licensing of a specific type of activity, for the species of regional state control (supervision) - the regulatory legal act of the Government of the Russian Federation, and in case of its absence, the regulatory legal act of the Supreme Executive Body of the State of the constituent entity of the Russian Federation.

(see text in the previous edition)

5. List of risk categories or hazard classes and criteria for assigning state control facilities (supervision) are based on the need to minimize damage to the laws by law with the optimal use of material, financial and human resources of state control (supervision), allowing to comply with the established frequency of planned checks legal entities and individual entrepreneurs.

6. Criteria for the classification of state control facilities (supervision) to the risk categories should take into account the severity of potential negative consequences Possible non-compliance with legal entities and individual entrepreneurs established by federal laws and those adopted in accordance with the other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation (hereinafter - mandatory requirements), and the likelihood of non-observance by legal entities and individual entrepreneurs of mandatory requirements.

7. Criteria for the classification of state control facilities (supervision) to hazard classes should take into account the severity of potential negative consequences of possible non-compliance with legal entities and individual entrepreneurs of mandatory requirements.

8. Estimation of the gravity of the potential negative consequences of possible non-compliance with legal entities and individual entrepreneurs of mandatory requirements is carried out taking into account the possible severity of potential causing harm and (or) of the possible frequency of the occurrence and extent of the dissemination of potential negative consequences within such cases of harm and (or) By consideration of the difficulty of overcoming the negative consequences of possible non-compliance with mandatory requirements.

9. In assessing the likelihood of non-observance by legal entities and individual entrepreneurs of mandatory requirements, the existing authorities are analyzed by the authorities authorized for the implementation of state control (supervision) (hereinafter referred to as state controls (supervision), information on the results of previously conducted audits of a legal entity or an individual entrepreneur and designated administrative punishments For violation of mandatory requirements.

10. In the presence of criteria that allow the object of state control (supervision) to various categories of risk or hazard classes, the criteria relating to the object of state control (supervision) to more high categories Risk or hazard classes.

11. Objects of state control (supervision) that have not been assigned certain categories of risk or hazard classes, are considered to be attributed to the lower, established for the relevant type of state control (supervision) of the risk category or hazard class.

12. If state control objects are classified (supervision) to categories of extremely high, high, significant risk or 1, 2 classes, the state control authority (oversight) places relevant information about these objects on its official website.

Placing information is carried out taking into account the requirements of the legislation of the Russian Federation on the protection of state secrets.

13. At the request of a legal entity or an individual entrepreneur, the state control body (supervision) in a period not exceeding 15 working days from the date of receipt of such a request, sends them information about their activities assigned and (or) used by them production facilities Risk categories or hazard class, as well as information used in attributing their activities and (or) used production facilities to certain risk categories or a specific hazard class.

14. Inclusion in the annual plan for scheduled inspections of legal entities and individual verification entrepreneurs regarding the object of state control (supervision), attributed to categories of extremely high, high, significant risk, or 1, 2, 3 hazard classes, is carried out at the expiration of the plan Inspection established for the type of federal state control (supervision) on the form of federal state control (supervision) or the Regulations on the licensing of a specific type of activity, and for the type of regional state control (supervision) - an annex to this Regulation of the time period from the date:

a) the end of the current planned verification of the object of state control (supervision);

b) state registration legal entity or individual entrepreneur, the beginning of the implementation by a legal entity, an individual entrepreneur of entrepreneurial activities in accordance with the state control (supervision) authority submitted to the authority in the relevant field of activities, notice on the start of the implementation of certain types of entrepreneurial activities in the event of work or provision of services requiring the presentation of the specified notifications if scheduled checks have not been previously conducted or otherwise stipulated by law Russian Federation action or events.

(see text in the previous edition)

15. Planned inspections, the frequency of which is determined by the Government of the Russian Federation in accordance with Part 9 of Article 9 of the Federal Law "On Protection of Rights of Legal Entities and Individual Entrepreneurs in the implementation of state control (supervision) and municipal control", carried out with established periodicity, regardless of the objecting State control (supervision) to a certain category of risk or a specific hazard class.

16. Regulations on the form of federal state control (supervision) or the Regulations on the licensing of a specific type of activity, and for the species of regional state control (supervision) - the regulatory legal act of the Government of the Russian Federation, the features of the implementation of measures to control the objects of state control (supervision) are established by the regulatory legal act. Certainly related to a certain category of risk or a specific hazard class in terms of reducing the period for conducting inspections and non-planning of planned field checks.

(see text in the previous edition)

17. A legal entity or an individual entrepreneur who are applicants have the right to submit to the state control authority (supervision) application for the change in their previous activities and (or) used by the production facilities of the risk category or hazard class on the relevant type of state control (supervision) (hereinafter - statement).

18. The application contains the following information:

a) the full name of the legal entity, the name, name and patronymic (if any) of an individual entrepreneur;

b) the main state registration number;

c) taxpayer identification number;

d) the location of the production facility used by the legal entity or an individual entrepreneur (when assigning a risk category or hazard class by the production facility);

e) information on previously assigned activities of a legal entity or an individual entrepreneur and (or) used by the production facilities of the risk category or hazard class;

(e) Lending address, address of the place of residence of an individual entrepreneur (if necessary, a different mail address for communication), telephone and email address (if available).

19. The application is made by documents on the compliance of the activities of a legal entity or an individual entrepreneur and (or) the criteria for state control objects (supervision) to a certain category of risk or a certain class of danger, the applicant claims to assign the applicant to the applicant. of this Regulation, informs a legal entity and an individual entrepreneur about the decision taken by sending the relevant notification to the post address specified in the application, or in the form electronic documentsigned by reinforced qualified electronic signature Commissioner officer State control authority (supervision), at the address of the e-mail of a legal entity or an individual entrepreneur, if such an address is contained in the Unified State Register of Legal Entities, the Unified State Register of Individual Entrepreneurs either was previously represented by them into the state control authority (supervision).

When making a decision on refusal to satisfy the statement, a legal entity or an individual entrepreneur must be informed about the reasons for refusal.

22. In case of disagreement with adopted body State control (supervision) decision on refusal to satisfy the application legal entity or an individual entrepreneur has the right to appeal such a decision in the administrative and (or) court.

Greetings, dear friends! As we already know, the tests of GIT should be carried out using a risk-oriented approach, the question is only where and how to learn how to find the organization to which risk category. About the list of organizations that were attributed to categories of high and significant risk, then will be speech. Only first prehistory.

How did the risk-oriented approach begins

Decree of the Government of the Russian Federation of February 16, 2017, amendments were made to the Regulation on the Federal State Supervision for Compliance with Labor Legislation and other regulatory legal acts containing the norms of labor law approved by the Decree of the Government of the Russian Federation of 01.09.2012 No. 875.

Changes were determined that state inspections Labor should carry out inspections using a risk-oriented approach.

Resolution No. 197 it was definitely that employers should be attributed to a certain category of risk in accordance with the rules approved by the Decree of the Government of the Russian Federation of August 17, 2016 No. 806.

Who and how to determine the risk category

  • solutions of the Chief State Inspector of the Russian Federation (his deputy) - when classifying the category of high risk;
  • solutions of the Chief State Inspector of Labor in the subject of the Russian Federation (his deputy) - when classifying to categories of significant, secondary and moderate risk.

What is the frequency of checks of GIT taking into account the risk-oriented approach

Conducting planned checks of GIT in relation to legal entities or individual entrepreneurs depends on the assigned risk category and should be carried out with the following frequency:

  • for high risk category - once every 2 years;
  • for the category of significant risk - once every 3 years;
  • for the category of medium risk - no more than once every 5 years;
  • for the category of moderate risk - no more than once every 6 years.

According to the decree of the Government of the Russian Federation of August 17, 2016 No. 806 "On the application of a risk-oriented approach in organizing certain types of state control (supervision) and amendments to some acts of the Government of the Russian Federation", for employers related to the category of high risk, planned check It is carried out once in the period provided for by the Regulations on the form of state control (supervision).

More information about the risk-oriented approach can be obtained from past notes:

Lists of organizations attributed to categories of high and significant risk

Organizations were attributed to high risk according to the order of Rostrud dated June 14, 2017 No. 350 "On attributing the activities of employers - legal entities and employers - individuals registered in the prescribed manner as individual entrepreneurs and carrying out entrepreneurial activities without the formation of a legal entity, to the category High risk. " The same list of organizations can be viewed on the official website of Rostrud.

You can also see the list of organizations related to the category of significantly risk, can also be on the official website of Rostrud, namely.

Follow the listing of the list needs.

You can independently determine the category of risk using an online risk category calculator.

That's all. If the note was useful, then you do not pass by the rating stars and the forms of comments that are located just below;) Thanks for participation!

To be continued …

The risk-oriented approach is the method of organizing and conducting state control, in which the choice of intensity (forms, duration, periodicity) of the test activities is determined by the activities of a legal entity, an individual entrepreneur and those used with these activities of production facilities to a certain category of risk or a specific class Danger.

The risk-oriented approach is applied during the federal state fire supervision; Federal State Sanitary and Epidemiological Supervision, carried out by Rospotrebnadzor and FMBA of Russia; as well as federal state Supervision in the field of communication.

Criteria for the assignment of state control facilities (supervision) to a certain category of risk or a specific hazard class are established by provisions on the types of state control (supervision), taking into account approved rules or by federal law. The criteria for assigning state control facilities (supervision) to hazard classes should take into account the severity of potential negative consequences of possible non-compliance with legal entities and individual entrepreneurs of mandatory requirements.

Government of the Russian Federation

Decision

In accordance with Article 8.1 of the Federal Law "On the Protection of Rights of Legal Entities and Individual Entrepreneurs in the implementation of state control (supervision) and municipal control", with part 2 of Article 2 of the Federal Law of July 13, 2015 N 246-FZ "On Amendments to Federal Law "On Protection of Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control" Government of the Russian Federation decides:

1. Approve the accompanying:

  • The rules for attributing the activities of legal entities and individual entrepreneurs and (or) the production facilities used by them to a certain category of risk or a specific class (category) of danger;
  • a list of types of state control (supervision), which are carried out using a risk-oriented approach;
  • changes that are entered into the acts of the Government of the Russian Federation.

2. Ministry of the Russian Federation for Affairs civil Defense, emergency situations and eliminating the effects of natural disasters, the Federal Service for Supervision of Consumer Rights Protection and the Welfare of Human, the Federal Medical and Biological Agency, the Federal Service for Supervision of Communication, information technologies and mass communications To submit until February 1, 2017 to the Government Commission for Administrative Reform Reports on the results of the implementation of this Resolution.

3. Ministry of Labor and social protection Of the Russian Federation in coordination with Federal Service By labor and employment and other interested federal bodies executive power In a 3-month period from the date of adoption of this resolution, a draft act of the Government of the Russian Federation on the inclusion of federal state supervision of labor laws and other regulatory legal acts containing the norms of labor law is in the prescribed manner, to the Government of the Russian Federation, to the list of labor law, in the list of state control standards (supervision ), which are carried out using a risk-oriented approach approved by this Resolution.

4. Recommend higher executive bodies The state power of the constituent entities of the Russian Federation at a 3-month period from the date of adoption of this Resolution to submit to the Governmental Commission to conduct an administrative reform of the proposal for the criteria of the activities of legal entities and individual entrepreneurs and (or) used by the production facilities to a certain category of risk or a specific class (Categories ) Hazards in the implementation of state regional control (supervision).

5. The implementation of this resolution is carried out within the limiting number of employees established by the Government of the Russian Federation federal organs executive and funds stipulated by the specified authorities for manual and management in the field of established functions.

Chairman of the government

Russian Federation