Practice · 03
Disputes
with regulatory
authorities
I provide support during inspections, prepare objections to inspection reports, challenge compliance orders and the decisions and actions of inspectors, and act as defence lawyer in administrative offence cases – before the authority and in court. Heads of companies, entrepreneurs and private individuals come to me.
What the work
covers
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01Inspection
Control measure
I examine the decision to carry out the measure and the inspectors’ powers, and help you respond to requests for documents and give explanations. First we establish which law the inspection is conducted under: tax audits, for example, are conducted under the Russian Tax Code, not under Federal Law No. 248-FZ of 31 July 2020 “On State Control (Supervision) and Municipal Control in the Russian Federation”.
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02Report and order
Inspection results
I study the inspection report: which requirements it says were breached and what supports this. I prepare written objections with documents and analyse the compliance order. If a record of an administrative offence is drawn up following the inspection, I act as defence lawyer when it is drawn up and when the case is considered.
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03Appeal
Out-of-court appeal
I prepare complaints against the decision to inspect, the inspection report, the compliance order and the inspectors’ actions, stating what the violation consists of and attaching supporting documents. I appeal a ruling imposing a fine to a higher authority or to a court.
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04Court
Court challenge
In the commercial (arbitrazh) court I challenge non-normative acts, decisions and actions of authorities that violate rights in business and other economic activity (Chapter 24 of the Russian Commercial Procedure Code), as well as rulings imposing fines for violations connected with such activity. Cases of individuals without entrepreneur status are, as a rule, heard by a court of general jurisdiction.
When people come to me
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01
Inspectors have arrived
A control measure involving interaction with the inspected party under Law No. 248-FZ is carried out on the basis of a decision by the authority, which specifies the type of measure, the inspectors, the list of actions and the time limits (Article 64 of Law No. 248-FZ). We will check whether the inspectors go beyond these limits.
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02
A compliance order has been issued
Failure to comply with a lawful compliance order on time may lead to administrative liability (Article 19.5 of the Russian Code of Administrative Offences). A complaint against a compliance order is filed within 10 working days of receiving it (Article 40 of Law No. 248-FZ).
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03
An offence record has been drawn up
A record of an administrative offence is not yet a penalty. A defence lawyer is admitted to the case from the moment the record is drawn up, and you have the right to give explanations and comments on its content and to receive a copy (Articles 25.5 and 28.2 of the Russian Code of Administrative Offences).
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04
A fine has been imposed
An appeal against the ruling is filed within ten days of the day a copy of it is delivered or received (Article 30.3(1) of the Russian Code of Administrative Offences). If the violation is connected with business or other economic activity, an organisation or entrepreneur, as a rule, challenges the ruling in the commercial court.
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05
Activities have been suspended
Administrative suspension of activities is imposed by a judge, and only if a less severe penalty would not achieve the purpose of the penalty (Article 3.12 of the Russian Code of Administrative Offences). We prepare our position for the hearing. If the violations have been remedied, the court can be asked to end the suspension early.
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06
A licence or permit has been refused
A refusal can be challenged. First we will check whether the law requires an out-of-court complaint. As a general rule, an organisation or entrepreneur applies to the commercial court within three months of the day they learnt that their rights had been violated (Article 198(4) of the Russian Commercial Procedure Code).
If an inspection
is under way
- 01
Ask the inspectors to show their official ID and the decision to carry out the measure. Check the organisation, the address and the type of measure against it.
- 02
Do not interfere with a lawful inspection: obstructing it is an administrative offence (Article 19.4.1 of the Russian Code of Administrative Offences). Record in writing any doubts about whether the actions are lawful.
- 03
Hand over documents on a written request and with an inventory. If you cannot meet the deadline, tell the authority before it expires.
- 04
Read in full everything you are asked to sign. Set out any disagreement with the findings in writing and attach documents.
- 05
Call a lawyer: +7 999 085-85-99.
How the work is organised
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01Call
Briefly tell me which authority has come and what has already happened. I will clarify the details and tell you which documents to prepare for our meeting.
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02Consultation
We go through the inspection decision, report, compliance order or ruling, work out the deadlines, and discuss the options and the risks of each.
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03Agreement
We set out the scope of work, timescales and fee in a legal services agreement.
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04Support
I prepare explanations, objections and complaints, take part in the consideration of the case and in court hearings, and keep you informed at every step.
FAQ
Can I bring in a lawyer for an inspection?
Yes. An organisation or entrepreneur may act during an inspection through a representative, for example a lawyer with a power of attorney. It is better to bring the lawyer in on the day the inspectors arrive, not after receiving the report.
How much does the work cost?
The fee depends on the type of inspection or dispute, the volume of documents and the stage at which you come to me. It is set after the consultation and recorded in the agreement, so the terms are known in advance.
Can I go straight to court?
As a general rule, organisations and entrepreneurs first challenge an authority’s decisions and actions under Law No. 248-FZ out of court, and only then in court (Article 39 of Law No. 248-FZ). A ruling imposing a fine under the Russian Code of Administrative Offences can be appealed to a court straight away.
Related
publications
All publications
Other practice areas
All practice areas
Let’s discuss
your situation
If an inspection is already under way or you have received a ruling imposing a fine, do not put off the conversation: the time limits for appeals are short. Call me and we will work out what to do now.
The information on this page is general and does not constitute legal advice.