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.

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;

c) the name of the legal entity or surname, name, middle name (in the presence) the individual entrepreneur concerning which test purchase, and also the location of the legal entity, the place of implementation of activities of the individual entrepreneur and (or) the place of the actual implementation of activities of the legal entity or individual entrepreneur where test purchase is directly carried out is carried out. When carrying out remote test purchase the order on carrying out test purchase joins information allowing to identify the venue of test purchase (the postal address, phone number, the fax, the website address on the Internet, the e-mail address and (or) other information);

d) the state registration number of record about creation of the legal entity, number of record about accreditation in the state register of accredited branches, representations of foreign legal entities, the state registration number of record about state registration of a person as an individual entrepreneur and identification taxpayer number (in the presence at state control (supervision) body of the specified information);

e) mandatory requirements which assessment of observance is performed when carrying out test purchase;

e) basis of carrying out test purchase;

g) data on goods (works, services) which are subject to acquisition during test purchase, methods of their purchase and payment;

h) date of test purchase;

i) data on application photo and filmings, and also videos during test purchase;

j) data on coordination of carrying out test purchase with bodies of prosecutor's office or on the notice of bodies of prosecutor's office on its carrying out (with indication of date and number of the letter on coordination or the notice);

k) other data if it is provided by standard form of the order on carrying out test purchase.

9. Test purchase is carried out by the official or officials of state control (supervision) body who are specified in the order on carrying out test purchase.

10. If test purchase is carried out with implementation of payment with cash, to the official of state control (supervision) body, the representative on carrying out test purchase, money which is subject to the inventory with indication of numbers of banknotes are issued.

When carrying out test purchase by clearing settlements the order on carrying out test purchase joins data on the used method of clearing settlement, and also on method of identification of instrument of payment.

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