Маргарита Горовцова
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Об этом сообщило1 Минцифры России на своем официальном сайте. Для того чтобы обжаловать решения и действия контролирующих органов, предприниматель должен будет заполнить специальную форму на Едином портале госуслуг (https://knd.gosuslugi.ru/). При этом из личного кабинета пользователя автоматически подтягивается информация о проверках, доступных для обжалования.
Пожаловаться можно на:
акт или решение по результатам проверки; предписание об устранении выявленных нарушений; решение о проведении контрольных (надзорных) мероприятий; действия (бездействие) должностного лица в рамках проверки.
Рассмотрение жалобы будет происходить дистанционно, заявителю станут приходить оповещения о прохождении жалобой каждого этапа, чтобы контролировать ход ее рассмотрения. Общий срок рассмотрения жалобы не должен превышать 20 рабочих дней. При этом действие обжалуемого решения приостанавливается, если заявитель об этом ходатайствовал.
«В перспективе подсистема досудебного обжалования будет масштабирована на региональные и муниципальные органы контроля», – пообещал заместитель Министра цифрового развития, связи и массовых коммуникаций РФ Олег Качанов.
Как правильно встречать проверяющих из различных ведомств? Узнайте из памяток Энциклопедии решений. Проверки организаций и предпринимателей системы ГАРАНТ. Получите полный доступ на 3 дня бесплатно!
Возможность дистанционного обжалования действий контролеров уже подтвердили некоторые ведомства. Так, Роструд рассказал2, что жалобу получит соответствующий руководитель по подведомственности. Например, жалоба на инспектора труда попадет на рассмотрение к руководителю инспекции, а жалобу на руководителя, заместителя руководителя гострудинспекции рассмотрят в центральном аппарате Роструда.
Напомним, что с 1 июля 2021 года досудебное обжалование обязательно для отдельных видов федерального контроля, а с 1 января 2023 года – для всех видов контроля (ч. 2, ч. 3 ст. 98, ч. 13 ст. 98 Федерального закона от 31 июля 2020 г. № 248-ФЗ «О государственном контроле (надзоре) и муниципальном контроле в Российской Федерации»). Так, на сегодняшний день претензионный порядок нужно соблюдать при обжаловании проверок в сфере трудовых прав, пожарной безопасности, обращения лекарств и медизделий, промышленной безопасности, энергетического надзора, оборота алкоголя, санитарно-эпидемиологического надзора и т. д. (постановление Правительства РФ от 28 апреля 2021 г. № 663 «Об утверждении перечня видов федерального государственного контроля (надзора), в отношении которых обязательный досудебный порядок рассмотрения жалоб применяется с 1 июля 2021 г.»).
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1 С информацией можно ознакомиться на официальном сайте Минцифры России (https://digital.gov.ru/ru/events/41164/).
2 С информацией можно ознакомиться на официальном сайте Роструда (https://rostrud.gov.ru/press_center/novosti/983665/).
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