- Acknowledge the violation of the applicant’s rights;
- Overturn the inspection results;
- Reject the complaint.
The procedure and time period for appealing against the decision must be specified in the text of the decision.
Applicants may appeal against Rospotrebnadzor decisions by sending a complaint to the Ministry of Health and Social Development of the Russian Federation. Such appeal may be filed within 1 month of the date of receipt of rejection notice or within a month of complaint filing if no written reply is received.
Court proceedingsIf a complaint cannot be settled through administrative proceedings, then it should be referred to court.
Article 40(5.1) of Federal Law N 2300-1 On Protection of Consumer Rights dated February 07, 1992 sets a time limit to file an appeal application to a state commercial court. This indeed should be done within 3 months of issuance of Rospotrebnadzor decisions, and if the state commercial court agrees to hear the appeal, the execution of Rospotrebnadzor decisions and the deadlines set in such decisions to rectify violations are suspended until the state commercial court ruling enters into force.
- Reviewing the provisions of Federal Law N 294-FZ On Protection of Rights of Legal Entities and Individual Entrepreneurs Subject to State Control (Inspection) and Municipal Control;
Observing the obligations of legal entities subject to inspections;
Rectifying the violations identified during inspections;
Indicating complaints (if any) in Rospotrebnadzor inspection reports.
How can we help?
- We provide support and advice on inspections and on how to contest inspection findings;
We appeal against inspection findings through administrative and court proceedings;
We draft complaints to Rospotrebnadzor;
We draft appeal applications against Rospotrebnadzor decisions and file them with the relevant state commercial court.