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The protection against unlawful actions of regulatory authorities

LAW FIRM "FOX" provides legal services (advocation) in the field of
The protection against unlawful actions of regulatory authorities

Sooner or later every business becomes the facility to be audited by the regulatory authorities.

The list of authorities which may hold a demand against the company is infinite. It may be the law enforcement agencies and authorities responsible for monitoring the safety of activities or fiscal authorities, the Antimonopoly Committee, Office of Consumer Protection, as well as the authorities that act as the controllers of certain activities (such as the equity market or the banking sector) and many others.

The aim of the inspections performed by any regulatory authority is the direction of law violations in the enterprise activities.

Initially, the entrepreneur should understand that any regulatory authority, which carries out the inspections, is obliged to follow strictly the requirements of the legislation including special statutory acts which establish the rules of the inspection.

In other words, each regulatory authority follows the authorized procedure of inspection, and a non-compliance of such a procedure grants the rights to shut off from the inspectors or go against the conduct of the inspection or its results to a superior agency.

Thus, you should understand that officials of regulatory authorities have far fewer rights than you. But they have a lot of obligations, nonfulfillment of which leads to the enlargement of your possibilities.

At first the entrepreneurs should know that inspections may be scheduled or unscheduled.

The regulatory authority is obliged to notify in advance (by post or by telephone) the enterprise on any scheduled inspection.

As for unscheduled inspections, they may be carried out by the regulatory authorities in the following cases:

  • at the request of an enterprise for the inspection;
  • detecting and confirmation of false information in the documents of mandatory reporting which were submitted by business entity (e.g. tax reports);
  • inspection of the implementation of the requirements, orders or other administrative documents concerning the elimination of the violations of the law;
  • appeals of individuals or legal entities concerning the violation of the law by a business entity;
  • business entity without a clear reason fails to submit the mandatory reporting documents within a stated term or fails to submit a written explanation of the groundings which prevented such a submission;
  • injury or death of an injured employee caused by an accident or occupational disease, which are connected with the activities of a business entity.

Secondly you should know that the regulatory authorities have the right to inspect only within the groundings which became the reason for such an inspection.

The results of the inspections conducted by the regulatory authorities are usually difficult to predict due to the fact that they are conducted in a wide range of legal fields.

Therefore, it is necessary to involve experienced lawyers and attorneys.

The team of lawyers of our company has repeatedly participated in the protection of rights and interests of our clients during the conduction of various types of inspections by government regulatory authorities in such areas of business as computer and Internet technology, credit and mortgage relations, communications and telecommunications, production of food, household and industrial products, car industry, medical care and pharmacy services, real estate, foreign economic activity, trade, mining and processing of hazardous wastes, chemical and energy industries, transport and finance, politics and sports.

We will relieve you from the unpleasant aspects of an inspection conducted by government regulatory authorities and efficiently fulfill the task of the protecting of your business.

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