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Published: 10/16/2018
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Compliance with life safety standards is regulated by Federal Law No. 52 of March 30, 1999. If a person has reasons for a complaint, he has the right to write a corresponding document. The Sanitary and Epidemiological Service will conduct an inspection based on this paper.
- Rules for filing a complaint with the SES
- Submission methods
- Terms of consideration
Such grounds include:
- Illegal activities of the enterprise.
- Provision by a legal entity of low quality services and goods.
- Deterioration of a citizen's health due to consumption of products that were purchased at a retail outlet.
- Detection of sanitary violations . For example, this category of grounds includes non-compliance of the services provided with sanitary standards and rules.
All of the above are individual cases. A citizen has the right to write a complaint for any violations in the field of sanitary legislation.
Citizens, as a rule, complain about schools, preschool institutions, medical organizations and hairdressers.
The grounds for a complaint may include, for example, the inadequate quality of food provided by children's institutions and hospitals, non-compliance with sanitary standards, as well as the lack of various sterilizers in clinics, beauty salons, manicure salons, etc.
Also, a complaint can be filed in connection with the activities of retail outlets, especially those that sell food - these are shops, cafes, bars or restaurants. Violations of sanitary legislation in this area can lead to negative consequences, in particular, to deterioration of health.
How to write a complaint to the SES?
The law does not establish special requirements for writing a complaint to the SES, but it is necessary to comply with some general conditions that are typical when contacting government agencies. These include:
- written form . The application can be either typed or handwritten. Handwritten text must be readable;
- indication of information about the applicant . Anonymous complaints will not be considered;
- indication of the applicant's contact information . The government agency needs data for feedback both to send a response to a complaint and to clarify the information received;
- correctness of the statement . The complaint should not contain obscene language, insults, threats, advertising, spam or other information not related to violation of sanitary and epidemiological standards;
- clarity and validity of arguments and demands . The statement must be based on factual data, the requirements for eliminating violations are formulated clearly, eliminating ambiguity;
- date of writing the complaint and signature of the applicant.
When preparing an appeal to the SES, it is also recommended to adhere to the logical structure of the text. The complaint begins with the name of the authority to which it is sent. Then the events that led to the filing of the complaint are revealed, after which demands are formed, the satisfaction of which will restore the violated right of the applicant. At the end of the application, the date of preparation is indicated, and the document is signed.
USEFUL : more advice from a lawyer on filing a complaint in our video from the YouTube channel
Terms of consideration
According to the Legislation, the period for reviewing claims is no more than 30 days. The term begins to count from the moment the document is registered.
Within 30 days, employees of the sanitary and epidemiological service are required to verify the data contained in the complaint. During this period, they need to determine the measures that should be taken.
In special cases, for example, if additional checks are necessary, the period for considering a complaint may be extended by another 30 days.
How to file a complaint with the SES?
Sanitary and epidemiological control is carried out by the Federal Service for Supervision of Consumer Rights Protection and Human Welfare, in other words Rospotrebnadzor. It is to his territorial unit that the complaint should be sent. A complaint can be filed in the following most common ways:
- handed over on purpose;
- sent by mail;
- submitted using the State Services portal or the Rospotrebnadzor website;
- sent by email using a digital signature.
A personal visit to the Rospotrebnadzor department and sending an application by mail usually does not cause any difficulties. As for sending using network resources, there are some nuances here. For example, to send an application using the State Services portal, the applicant must have a confirmed electronic signature. To sign documents and send them to an email address, you will need an electronic digital signature issued by an accredited certification center. The easiest way, which does not require a preliminary electronic signature, is to submit an application through the Rospotrebnadzor website. To file a complaint, you only need to fill out the application form provided by the government agency and attach the documents attached to the application.
INTERESTING : more information about drawing up a toad to Rospotrebnadzor at the link
Legal consequences for those against whom the complaint is made
Why is the complaint being filed? In order to inform the competent authorities about the presence of violations of laws, provide grounds for inspections and appropriate reactions. If the complaint is drawn up correctly, then the SES will first conduct an inspection of this appeal and, if violations are detected, will apply legal sanctions.
There are not many legal consequences for the violator. This includes:
- Request to eliminate identified violations. In the case of legal entities, the SES may suspend their activities until the violations are eliminated.
- Assignment of a fine.
What to do if the sanitary and epidemiological station does not satisfy the complaint?
If the sanitary and epidemiological station refuses to satisfy the requirements set out in the appeal, the applicant has the right to appeal the response provided both in court and out of court.
An extrajudicial (administrative) appeal procedure involves appealing to a higher official in relation to the one who reviewed the application earlier. As a rule, such complaints are sent either to the head of the Rospotrebnadzor department of a certain constituent entity of the Russian Federation or directly to the central office.
The judicial procedure is implemented in the form of filing an administrative claim. The claim is filed in court at the location of the territorial body or official considering the complaint. An administrative claim can be filed directly with the court or transferred to the official whose actions (inactions) are being appealed. Subsequently, the official submits the claim to the court on behalf of the applicant. This statement of claim can be filed within three months after receiving a negative response from the sanitary and epidemiological station.
The legality of the actions of the sanitary and epidemiological station that refused to satisfy the complaint can be verified by the prosecutor's office. To do this, you will need to submit a corresponding application to the prosecutor's office, attaching all the necessary documents.
Sample complaint to the SES against neighbors
Head of the territorial department
Rospotrebnadzor for the Sverdlovsk region
from full name
Statement
Citizen Ivanov I.I., living at the address: Ekaterinburg, st. Lenina, house N, apt. 44, installed an air conditioner in his apartment. Ivanov’s apartment is located on the floor above, that is, directly above mine. The air conditioner runs constantly and makes noise and vibration.
Appendices No. 3 and No. 4 to SanPiN 2.1.2.2645-10 establish the maximum permissible level of noise and vibration in residential premises, which are very likely exceeded in my apartment due to the air conditioner Ivanova I.I.
On the basis of the above,
I beg:
- conduct a sanitary and epidemiological examination of living conditions.
- attract Ivanov I.I. to administrative responsibility.
Date, Signature.
USEFUL : watch the video and find out why it is better to draw up any sample claim or complaint with our lawyer, write a question in the comments of the video, subscribe to the YouTube channel
Drawing up an application to Rospotrebnadzor for a catering enterprise
Good evening!
Help me write a competent appeal to Rospotrebnadzor.
The situation is that a catering establishment that recently opened on the ground floor of a residential building is seriously worsening living conditions due to the smell from the kitchen.
It is not entirely clear how permission to place a cafe in a residential building was obtained in the first place.
What regulatory documents can be cited in this case for violation? By the way, I indicated Rospotrebnadzor based on my own opinion.
It may be more correct to contact another government agency. Moscow 450 cost of the issueissue resolved Collapse Online legal consultation Response on the website within 15 minutes Answers from lawyers (3) fee received 53% 9.5 Rating Pravoved.ru 12741 answers 5933 reviews Chat Free assessment of your situation Lawyer Free assessment of your situation
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Hello Dmitry.
July 18, 2021, 22:24, question No. 2056069 Dmitry,
Sample complaint to the SES against a store
Head of the territorial department
Rospotrebnadzor for the Sverdlovsk region
from full name
Complaint
dd.mm.yyyy In grocery store N, I purchased bakery products of poor quality, which was reflected in the presence of mold on them.
My demands to the store to stop selling the damaged goods, as well as to replace the products I purchased with similar ones free of charge, were not satisfied.
Based on the above, guided by clause 5.9 of the Regulations on the Federal Service for Surveillance in the Sphere of Protection of Consumer Rights and Human Welfare dated June 30, 2004 No. 322, I ask you to check the specified fact of sale of goods of inadequate quality.
Applications:
- Documents confirming the above.
Date, Signature
Federal Service for Regulation of the Alcohol Market
Incidents related to the crime of legislation in the field of sale of alcoholic beverages fall under the responsibility of Rosalkoregulirovanie. There are several ways to file a complaint against a cafe.
Electronic application form
Located on the page fsrar.ru/feedback. Filling out and submitting does not require prior registration. The applicant will need to scroll the slider down and, without changing the “Individual/Individual Entrepreneur” option, indicate:
- location of the recipient unit depending on the federal district;
- own name and telephone number;
- text describing the incident;
- optionally – a file with accompanying materials up to 9 MB in size (archiving is allowed);
- method of sending a response;
- e-mail;
- address.
After this, all you have to do is enter the verification code and send a complaint about the work of the cafe.
The application must be considered within 30 days from the date of submission of the application, however, in rare cases, the verification time may take up to 60 days. The citizen will definitely receive a corresponding notification about this.
Postal address for correspondence of any type
Mail is received from Monday to Thursday from 09:30 to 17:00 and on Friday from 09:30 to 16:00 (break - from 13:00 to 14:00) at the branch based in Moscow, Miusskaya Sq. , no. 3, building 4, 125993.
Phone and email
You can leave a complaint by telephone by calling the call center number or writing an email:
- +7 (available from Monday to Thursday from 09:00 to 18:00 and on Friday from 09:00 to 16:45; break - from 13:00 to 14:00);
- [email protected];
- +7 (fax).
Sample complaint to the SES about a cafe
Head of the territorial department
Rospotrebnadzor for the Sverdlovsk region
from full name
Complaint
I, full name, live at the address: Ekaterinburg, st. Pushkina, NN, apt. 17. Cafe N is located in the same building.
The owners of this public establishment installed garbage containers near our house, which causes an unpleasant odor and the appearance of rodents.
In accordance with paragraph. 4 clause 2.6. Resolution of the Chief State Sanitary Doctor of the Russian Federation dated November 8, 2001 No. 31, garbage containers must be located at a distance of at least 25 m from residential buildings.
On the basis of the above,
I beg:
- check the location of garbage containers for compliance with sanitary standards.
- oblige cafe N to eliminate the identified violation.
Date, signature
Sample application (complaint) if the ventilation is clogged
In addition, in accordance with Article 28.4 of the Code of Administrative Offenses of the Russian Federation, the Prosecutor's Office has the right to initiate proceedings for any administrative offense. Clause 149 of the Rules establishes that the contractor, an organization providing utility services, bears responsibility for violating the quality of provision of utility services to the consumer, including administrative liability. Violation by persons responsible for the provision of utility services of the standards for providing the population with utility services constitutes an administrative offense, liability for which is provided for in Article 7.23 of the Code of Administrative Offenses of the Russian Federation. In connection with the above, on the basis of Decree of the Government of the Russian Federation of September 26, 1994 No. 1086
“On the state housing inspection in the Russian Federation”
, Federal Law "On the Prosecutor's Office of the Russian Federation", Federal Law "On the procedure for considering appeals from citizens of the Russian Federation" I ask: - organize an on-site verification of the stated facts; — issue an order to carry out the necessary measures and work to eliminate the violation and carry out recalculation, set deadlines for their implementation; — initiate administrative proceedings under Article 7.23 of the Code of Administrative Offenses of the Russian Federation, identify the perpetrators and bring them to administrative responsibility.
