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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of November 21, 2018 No. 1398

About approval of Rules of the organization and carrying out test purchase when implementing separate types of the state control (supervision)

According to part 9 of article 16.1 of the Federal law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control" Government of the Russian Federation decides:

1. Approve the enclosed Rules of the organization and carrying out test purchase when implementing separate types of the state control (supervision).

2. Realization of the powers provided by this resolution is performed by federal executive bodies within the number of their workers, and also budgetary appropriations provided by it in the federal budget on management and management in the sphere of the established functions established by the Government of the limiting Russian Federation.

Russian Prime Minister

D. Medvedev

Approved by the Order of the Government of the Russian Federation of November 21, 2018 No. 1398

Rules of the organization and carrying out test purchase when implementing separate types of the state control (supervision)

1. These rules determine procedure for decision making about carrying out test purchase or unscheduled inspection, and also feature and procedure for carrying out test purchase.

2. Test purchase is carried out in the cases established by the Federal Laws on the bases established by part 2 of article 10 of the Federal law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control" for conducting unscheduled exit inspections.

3. The decision on carrying out test purchase is made if assessment of observance of the requirements established by the Federal Laws and other regulatory legal acts of the Russian Federation, the laws and other regulatory legal acts of subjects of the Russian Federation accepted according to them (further - mandatory requirements), in case of sales of goods, performance of works and rendering services to consumers can be performed only within carrying out test purchase.

In other cases according to the procedure, established by the Federal Law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control", the decision on carrying out unscheduled inspection is made.

By regulations on types of federal state control (supervision) under which organization the risk - the oriented approach is applied use by state control (supervision) bodies for determination of need of carrying out test purchase of indicators of risk of violation of mandatory requirements can be provided.

4. For the purpose of carrying out test purchase the authorized officer of state control (supervision) body brings to the head or the deputy manager of state control (supervision) body motivated idea of carrying out test purchase with reasons for availability of the bases of its carrying out, and also the case specified in Item 3 of these rules. In case of consent with the specified motivated representation the head or the deputy manager of state control (supervision) body makes the decision on carrying out test purchase.

5. Test purchase is carried out by the methods applied by consumers in case of purchase of goods (works, services) and making of the corresponding transactions with the legal entities and individual entrepreneurs performing sales of goods, performance of works and rendering services to consumers.

6. Test purchase can be carried out by methods which exclude direct contact of workers (representatives) of the legal entity or individual entrepreneur and his workers (representatives) with the consumer during transaction, including with use of networks of mail service, networks of telecommunication, including the Internet, and also communication networks for broadcast of TV channels and (or) radio channels (further - remote test purchase).

7. Test purchase is carried out based on the order (order) of the head or the deputy manager of state control (supervision) body on carrying out test purchase (further - the order on carrying out test purchase).

The standard form of the order on carrying out test purchase is established by the Ministry of Economic Development of the Russian Federation.

8. The order on carrying out test purchase includes:

a) the name of state control (supervision) body, and also type (types) of the state control (supervision) within which test purchase is carried out;

b) surnames, names, middle names (in the presence), positions of the official or the officials authorized on carrying out test purchase;

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