The corresponding draft resolution has been submitted to the Government of the Russian Federation. The document will allow using the test purchase as an alternative to regular business inspections.
“For a long time, the legislation of the control and supervisory activities regulated in detail only inspections. At the same time, inspection is a rather complicated and time-consuming procedure for all participants. It lasts up to 20 working days. An entrepreneur may need to provide additional documents and materials, which in some way interrupts his daily activities. A test purchase, which takes a lot less time, will partially replace regular inspections. This will allow reducing the administrative costs of business related to control and supervisory activities,” said Savva Shipov, the Deputy Minister of Economic Development of the Russian Federation.
A test purchase is a new control tool. Its measure. Its guidelines were defined in 2017 in the Federal Law 294-Fl “On the protection of the rights of legal entities and individual entrepreneurs in carrying out state control (supervision) and municipal control”.
Federal laws, which allow the use of the test purchase as part of the federal state sanitary and epidemiological supervision and federal state supervision in the area of consumer protection, were adopted in 2018. For their practical implementation, the Government of the Russian Federation needs to establish rules for conducting test purchases.
The draft resolution developed by the Ministry of Economic Development of Russia regulates the procedure for making decisions on carrying out a test purchase, as well as its specifications and stages.
During a test purchase, an inspector, acting as a regular consumer, buys goods or services. When the transaction is completed, the inspector announces the fact of a test purchase and draws up a closing act. The money paid during a test purchase should be refunded (both in cash and non-cash form). The payment will not be refunded if the goods have become unusable or have been purchased for research or tests.
If violations are found, an inspector draws up a report on administrative offenses or initiates an unscheduled inspection.
The draft resolution also provides for conducting a test purchase remotely.
It is intended for test purchases within the framework of the federal state sanitary and epidemiological supervision and federal state supervision in the area of consumer protection to be conducted after the draft resolution is adopted. In the future, the scope of their application will be expanded.