Transcript
1 Explanation of the work Situational tasks in the discipline "Administrative law" This practical work contains materials on the topic of the course "Administrative law". The problems are based on real legal conflicts. The conditions of the problems include all the factual circumstances necessary to make a certain decision on the issue formulated in the text of the problem. The conditions of the tasks are formulated in such a way that it could be solved based on the Code Russian Federation on administrative offenses (Code of Administrative Offenses of the Russian Federation). It is necessary to formalize the solution of the problem in the form of a judicial act, which contains logical reasoning on a specific legal situation, with the obligatory indication of references to the necessary articles of the Code of Administrative Offenses of the Russian Federation. An example of solving a problem under administrative law Citizen Krotov, being drunk, used obscene language in the lobby of the cinema, insulted the Sviridovs when they reprimanded him, broke glass doors, pushed the usher, tearing her uniform. Qualify Krotov's actions. Justify the answer with the rules of law. Solution: Stage 1 in the problem is about violation public order, therefore, it is necessary to find the corresponding section-section II in the Code of Administrative Offenses of the Russian Federation. A SPECIAL PART, dedicated to offenses in various spheres of public life. Then read the title of the chapters and find the desired chapter - chapter 20. Administrative offenses that infringe on public order and public safety. Stage 2 to find the article necessary for solving the problem - Article Petty hooliganism. Stage 3 in accordance with the Code of Administrative Offenses of the Russian Federation “1. Petty hooliganism, that is, a violation of public order expressing clear disrespect for society, accompanied by obscene abuse in public places, insulting harassment of citizens, as well as the destruction or damage of other people's property, - entails the imposition of an administrative fine in the amount of five hundred to one thousand rubles or an administrative arrest for up to fifteen days. " Stage 4 Krotov violated administrative law and is subject to punishment. The answer to the problem solved can be presented as follows: The actions of citizen Krotovaya should be qualified as petty hooliganism under Art "1. Petty hooliganism, that is, a violation of public order, expressing obvious disrespect for society, accompanied by obscene language in public places, offensive harassment of citizens, and equal to the destruction or damage of someone else's property, - 1
2 shall entail the imposition of an administrative fine in the amount of five hundred to one thousand rubles or an administrative arrest for up to fifteen days. " By a court decision, Krotov will be punished. OPTION 1 After finishing work and leaving home, the laundry worker hotel complex did not de-energize the laundry room. The porter, whose duties include checking the premises for its de-energization, was too lazy and did not check the laundry. There was a fire at night. The hotel suffered damage in the amount of 10 million rubles. No harm done. Who will be punished and how? Are expired products found in the hotel's grocery warehouse during a sanitary inspection? Who will be punished and how? Indicate articles. Hotel guests complained to Rospotrebnadzor about the discrepancy between the declared level of comfort and the cost of living in real conditions. The prosecutor's check confirmed this circumstance. Who will be punished and how? Indicate articles. When the inspector of the Ministry of Emergency Situations checked the video surveillance cameras outside the hotel, it turned out that half of them did not work. Who will be punished and how? Indicate articles. OPTION 2 After repeated demands of the fire safety inspector to eliminate the defects, a fire broke out in the hotel. A man died. Who will be punished and how? Indicate articles. In the kitchen of a small hotel, the refrigerator for storing meat has broken. In order not to throw away the spoiled product, they prepared food from it and fed the guests. Several guests were taken to the hospital (nausea, vomiting). One of the guests died. When checked, the hotel's wine was proven. Who will be punished and how? Indicate articles. In order to prosecute citizen A., who committed an administrative offense, the police officers attempted to enter the living quarters belonging to citizen M. The latter refused to comply with the officers' request 2
3 police, motivating the refusal by the fact that the home is inviolable. Are the actions of the police officers and citizen M. legal? The police officers detained serviceman S., who was intoxicated, and sent him to a medical sobering-up center. Are the actions of police officers legal? OPTION 3 After the official warning of the developers, by order of the head of the city administration, authorized economic organizations liquidated the garages built without permission. In addition, the head of the administration presented a demand to developers to pay for the work performed. Is the order of the head of the city administration legal? The rector of the university issued an order stating that a fine of 50 rubles was imposed on students for violating fire safety rules. Is the order of the rector of the university legal? The conscript S. received a call from the military commissariat. He had to appear at the military registration and enlistment office to check documents within three days from the receipt of the notice of the call. But the conscript S. did not appear at the military registration and enlistment office within the specified period and was fined by the military commissar in the amount of 1/5 of the minimum wage. Are the actions of the military commissar lawful? Citizen Z., being drunk, crossed the railroad tracks in an unidentified place. The gunner of the paramilitary guard demanded that Citizen Z. return, but he did not obey the demand. Citizen Z. was taken to the line department of the internal affairs, where a protocol of malicious disobedience was drawn up. For this offense, the judge subjected citizen Z. to administrative arrest for a period of five days. Is the judge's ruling legal? OPTION 4 Citizen M. has committed petty hooliganism. Serviceman O., who was at the scene of the offense, drew up a report on the offense and sent it to the district court. The judge fined citizen M. Are the actions of the named participants in the proceedings legal? 3
4 University student F., detained in a dorm room, where he drank alcohol, was taken to the duty station of the ROVD. As witness G. testified, student F. came to his room with a bottle of vodka, shouted loudly, swore, offered the witness to drink with him. In response, G. called the police officers. In the premises of the police department on duty F. behaved cheekily, refused to answer the police officers' questions. Based on these facts, a protocol on an administrative offense was drawn up and sent to the head of the ROVD. The student F. was found guilty of committing petty hooliganism and malicious disobedience to police officers. The head of the ROVD issued a decree, which imposed an administrative penalty in the form of administrative arrest for a period of 15 days. The decision was appealed against to the head of the regional police department. Is the decree of the head of the ROVD legal? What decision should be made by the regional ATC chief? The district administrative commission examined the case of petty hooliganism committed by the serviceman Kostrov, and issued an order to arrest him for 15 days using physical work to improve the village. Is the decision of the Administrative Commission legal? The head of the Department of Internal Affairs issued a ruling on the imposition of a fine on citizen Vavilov for drinking alcohol in a public place. Vavilov did not pay the fine. The decision was sent to the bailiff to initiate enforcement proceedings and to enforce a fine. Did the head of the Department of Internal Affairs act correctly? OPTION 5 The head of the Department of Internal Affairs imposed an administrative fine on citizen Smirnov for violating hunting rules. As an additional punishment, his hunting weapon was confiscated. Smirnov went to court with a complaint about the unlawful confiscation of weapons, citing the fact that he was a professional hunter, and for him hunting was the only source of livelihood. Give a legal analysis of this situation. Anastasia, a folk healer, was brought to administrative responsibility and she was fined by the head of the ROVD in the amount of 5,000 rubles for practicing folk medicine without an appropriate healer diploma. The healer appealed against the actions of the head of the ROVD in court. Is the decision of the head of the ROVD on the imposition of a fine legal, who has the right to consider this category of cases? Would the situation have changed if such activities of the healer caused harm to the health of at least one person? Citizen Smirnov, while drunk, drove a VAZ car belonging to him. He was 4
5 stopped by a traffic police officer. What measures of administrative coercion should be taken against Smirnov. The Polish fishing vessel "Delta-4" received a license for the extraction of marine organisms on the continental shelf of the Russian Federation. During the inspection, it was found that the ship was a group of scientists conducting research on marine organisms without a license. Representative russian country demanded an immediate cessation of the research and its results. But the head of the scientific group said that the ongoing scientific research cannot be attributed to the study of the continental shelf, since they concern only the structure of marine organisms, but not their migration. What violations have the Polish country committed? five
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One of the most common reasons for a bad holiday is a hotel problem. It is noisy, the animation is intrusive, or, on the contrary, is absent, although it was promised. The wrong room category, food that does not meet expectations, just the poor condition of the hotel and the territory, a dirty beach - all this can hopelessly ruin your vacation.
Of course, the travel agency cannot fully control what is happening in each particular hotel in another country, but the responsible tour operators must not only notify their customers in as much detail as possible about all the nuances of the rest, but also answer for its shortcomings.
When making claims to the hotel, the most important thing is to carefully read the contract with the travel agency. A good contract should provide for all the nuances of responsibility to the tourist for the quality of services. Conditions can vary greatly:
- If the contract does not contain anything specific about responsibility, except for a general phrase like “the parties are responsible in accordance with the legislation of the Russian Federation”, all responsibility for the quality of services provided by the hotel lies with the travel agency. It is she who will be responsible for the shortcomings of the hotel, pay compensation, etc.
- If there is an agreement with a travel agent, it may stipulate that the tour operator bears all responsibility. This is normal, the tour operator will carry it. In this case, you are not interested in the nuances of the relationship between the travel agent and the tour operator and the tour operator with the hotel - you, in accordance with the agreement, can submit all claims to the tour operator.
- If nothing is specified in the tourist's contract with the travel agent, the court may oblige to pay compensation both to the tour operator, which formed the tourist product, and directly to the travel agent.
- The most difficult option for a tourist is when the contract with the tour operator directly states who is responsible and for what exactly. Here, the travel agency can try to share responsibility with the hotel, carrier, visa service, etc. In any case, understand that you will make claims on the quality of hotel services to your tour operator, since it was he who offered you the hotel services as appropriate to your requirements. Moreover, the hotel is located in another country, its activities are regulated by foreign legislation, and the tourist has no relationship with the hotel. There is only a chain in which the tour operator is a necessary link that has independent obligations to the hotel and to the tourist.
The next important point is the details of the terms of the contract regarding the hotel. Ideally, the contract should specify everything:
- the type of room from which literally everything follows - in which building, with which view from the window, with which bed, how many rooms, etc. It is advisable to study this information in advance - it can be found on the websites of large travel agencies;
- type of food and level of service in the hotel (for example, type of breakfast, quantity and origin of alcoholic beverages, types additional servicesincluded in the cost of living).
This information will help you to find out whether the right services were provided to you and in the proper amount. It may be important to indicate in the contract for the specialization of the hotel. Try to find out in advance and fix in the contract that you, for example, are going to family hotel... So you will be insured against the exuberant nightly disco that does not stop until five in the morning, but your children will have the opportunity to have fun in the company of children's animators during the day. If in reality it turns out that a family hotel means a hotel where the music rumbles around the clock, and the water park and children's animation are only in the picture in the booklet, it will be easier for you to make claims about the inadequate quality of the services provided.
There is another important issue - timely informing the tourist about all changes in the conditions of his vacation. So, if you have chosen a specific hotel, and the travel agency could not book it, it must notify you in writing, and also get your consent to book another hotel. If you are not asked for such written consent, you will have the right to make claims about the discrepancy between the hotel specified in the contract and what you got in the end. The same applies to changing all the conditions agreed with you - flight, transfer, type and number of excursions, hotel category and room types and meals.
Let's say it all started well, you arrived at the hotel, and then something started that was not at all what you expected. Your main task is to meticulously record literally every moment. Loud animation in the middle of the night - film it. Garbage on the beach - take a picture. The guide does not speak Russian, although they promised to speak Russian - write down a short interview with him. Poor food - fix the menu, take a picture of the buffet. Chaos in the room - take a photo. Boorish service - shoot a video. Save all receipts, receipts, warrants, statements, promotional brochures, etc.
A separate conversation about written documents. In case of any problems, it makes sense to contact the hotel administration. Make a claim indicating specific violations, print it in duplicate and hand it over to the hotel administration against signature. Keep a copy with a note that you accept the claim. It is in your hands to collect evidence of violation of your rights to proper quality rest. The more detailed you record all the shortcomings, the higher your chances of getting money back from the travel agency and compensation for moral damage.
Try to demand from the hotel administration to draw up an act on the discrepancy between the declared and provided services. Do not hesitate to involve witnesses - shoot them on video, ask for comments, collect their signatures on your appeals and claims, take their contacts in order to involve your claims already in Russia.
Please be aware that anything can help in talking to the hotel. For example, threaten to post a scandalous video on the network and make the hotel anti-advertising - perhaps this will convince the administration to be more compliant and meet your legal requirements.
The general algorithm of your actions is as follows: fix violations, talk to the hotel administration about their elimination, and then either enjoy your vacation, or collect evidence to claim compensation from the travel agency after returning home.
Hotel theft
In any hotel, such a nuisance as theft can happen to guests. Items may be missing from the hotel room. Usually only the most valuable things are put in a hotel safe and only what will not be needed during the rest. All the rest, even very valuable things, tourists usually keep in the room - phones, cameras, laptops, money, jewelry, etc. And literally no one is insured against the loss of these things.
If you are robbed - first of all, immediately contact the hotel administration. They are most interested in making every effort to return the stolen to you. Some hotels are very concerned about their reputation and prefer to resolve issues without police intervention. If the administration doesn't cooperate, call the police. This is the only way you will have a chance to find and return the stolen goods.
According to Russian law, the hotel is responsible for the belongings of guests left in the room. Each country has its own legislation in this regard. It is likely that the hotel should be responsible for the loss of your belongings and must compensate you for your losses. At the same time, the hotel is obliged to interview the staff, find out who had access to your room, find out all the details of the loss and find things or compensate for the cost of the stolen. If the hotel does not want to do it voluntarily, then at the insistence of the police it will certainly do it.
And finally, an important remark. Your travel agency is obliged to give you information about the rules of stay in the country, including about the features of hotels, the level of crime and safety of staying in the country, as well as about where you can turn in case of any difficulties. If you were not given this information, feel free to demand compensation for this too, because the travel agency is obliged to compensate for losses that have arisen, among other things, due to the tourist's lack of the necessary information.
Each of us has stayed at a hotel at least once upon arrival in another city. What do we pay attention to when choosing a hotel?
On the number of "stars" when it comes to rest. For service at the hotel if we are on a business trip. On the diet, if we stay at a hotel with children. Or maybe the place of accommodation, the democratic atmosphere in the hotel or democratic prices.
In this article we will consider hotels and other accommodation facilities: hotels, motels, hostels, resort hotels, camping from the position of ensuring the sanitary and epidemiological safety of people living in them. First of all, it is safety related to prevention of risks of infectious and non-infectious diseases.
Taking into account the increased congestion of people, as well as the high flow rate and heterogeneity of hotel visitors, an important role belongs to anti-epidemic measures, including timely cleaning of premises with the use of disinfectants, daily wet cleaning. Timely change of bed linen, towels, their washing, disinfection are the leading factors in preventing the transmission of pathogens of infectious diseases (scabies, head lice and others).
For a comfortable stay in hotels, it is also important to comply with the appropriate parameters of the microclimate, illumination, parameters of noise, electromagnetic effects.
Finishing materials in hotel rooms should not be sources of emission of harmful substances in concentrations exceeding maximum permissible levels and have a negative impact on human health.
For the prevention of diseases, issues of providing high-quality drinking water, hot water, sewerage of hotels, organization and equipment of food places, collection, storage and disposal of waste, measures for deratization and disinfestation are important.
Currently, there are no approved sanitary rules "Sanitary and epidemiological requirements for the arrangement, equipment and maintenance of hotels and other accommodation facilities" (a draft of sanitary rules has been developed).
For hotels in Moscow, the current normative act of sanitary legislation is MosSanPiN 2.1.8.043-98 "Hygienic requirements for the arrangement, equipment and maintenance of Moscow hotels", approved by the decree of the Chief State Sanitary Doctor for Moscow.
The sanitary and hygienic requirements are set out in the standards, departmental orders, namely: GOST R 50645-94 "Classification of hotels", Order of the Ministry of Housing and Communal Services of the RSFSR dated 04.08.1981 No. 420 "On approval and implementation of the Rules for the technical operation of hotels and their equipment ", GOST R 51185 - 2008" Tourist services. Accommodation facilities. General requirements".
For hostels * developed GOST R 56184-2014 ". National standard of the Russian Federation. Accommodation services. General requirements for hostels ”.
* A hostel is an economical accommodation facility designed for low-budget tourism, with rooms (rooms) of various sizes and bathrooms, usually outside the room, as well as premises (zones, places) for guests to communicate.
In accordance with clause 7.4. GOST R 51185 - 2008 in accommodation facilities (hotels of all types and categories), sanitary and hygienic and anti-epidemic rules and norms must be observed:
SanPiN 2.1.2.2645-10 "Sanitary and Epidemiological Requirements for Living Conditions in Residential Buildings and Premises";
SanPiN 2.2.1 / 2.1.1.1278-03 "Hygienic requirements for natural, artificial and combined lighting of residential and public buildings", as well as for hotels, the requirements of certain normative acts of sanitary legislation apply:
SanPiN 2.2.4.548-96 "Hygienic requirements for the microclimate of industrial premises";
SP 3.5.3.3223-14 "Sanitary and Epidemiological Requirements for the Organization and Implementation of Deratization Measures" (extermination measures against rodents - rats, mice);
SP 3.5.1378-03 "Sanitary and Epidemiological Requirements for the Organization and Implementation of Disinfection Activities";
SP 3.5.2.1376-03 "Sanitary and Epidemiological Requirements for the Organization and Implementation of Pest Control Measures against Synanthropic Arthropods" (extermination measures against insects - cockroaches, bugs, fleas, ants, etc.);
SN 2.2.4 / 2.1.8.562-96 "Noise at workplaces, in residential, public buildings and on the territory of residential development";
GN 2.1.8 / 2.2.4.2262-07 "Maximum permissible levels of magnetic fields with a frequency of 50 Hz in residential, public buildings and residential areas";
GN 2.1.6.1338-03 "Maximum permissible concentration (MPC) of pollutants in the air populated areas"(With changes and additions);
SanPiN 2.1.4.1074-01 “Drinking water. Hygienic requirements for water quality of centralized drinking water supply systems. Quality control. Hygienic Requirements for Ensuring the Safety of Hot Water Supply Systems ";
Confirmation of the fulfillment of the requirements of sanitary legislation in hotels and other places of accommodation in order to ensure stable sanitary and epidemiological safety is the conduct of laboratory and instrumental studies, which is provided for by Articles 11.32 of Federal Law No. 52-FZ dated 03.30.1999 (as amended on 03.07. 2016) "On the sanitary and epidemiological welfare of the population", sanitary rules SP 1.1.1058-01 "Organization and implementation of production control over compliance with sanitary rules and the implementation of sanitary and anti-epidemic (preventive) measures."
FBUZ "Center for Hygiene and Epidemiology in the Republic of Mordovia", Being an expert organization with a certificate of accreditation of the testing laboratory center No. ROSS.RU. 0001.510112 of 03.06.2013 and the accreditation certificate of the inspection body (expert organization) No. RA. RU. 710004 dated 08/04/2015, has the ability to provide services for the organization and conduct of laboratory and instrumental studies at any facility of accommodation facilities from a 5-star hotel to individual accommodation facilities (apartments). Types, indicators of laboratory and instrumental research, the cost of laboratory research and expert work are determined in each specific case, discounts are possible.
so, what are the basic requirements for accommodation facilities - facilities providing hotel services.
1. Hygienic requirements for architectural, planning and design solutions.
First, the functional and planning department of the residential group of hotel premises. Accommodation of hostels in residential buildings is allowed if there are entrances isolated from the residential part of the building.
The structure, layout and equipment of the premises should take into account the separation of the flows of customers and service personnel. Premises are provided for the personnel - dressing rooms, toilets, showers, and dining rooms.
Hotel rooms should have natural light.
The hotels will include premises for the provision of household, shopping, sports and recreation, cultural, entertainment and leisure services, taking into account their compliance with sanitary and hygienic requirements, as well as the placement of business centers, representative offices, business meeting rooms, meeting rooms, exhibition and demonstration halls with expositions
2. Sanitary and epidemiological requirements for water supply, sewerage, heating, ventilation, microclimate and indoor air.
Cold and hot water supply and sewerage should be provided.
The quality of tap water must comply with the requirements of SanPiN 2.1.4.1074-01 “Drinking water. Hygienic requirements for water quality of centralized drinking water supply systems. Quality control. Hygienic Requirements for Ensuring Safety of Hot Water Supply Systems ".
Hot water supply systems must ensure uninterrupted supply of hot water to all sanitary appliances installed in the respective premises.
To ensure uninterrupted hot water supply during preventive repairs and accidents, local water heaters should be provided.
The sewage system must ensure uninterrupted drainage wastewater into the external sewer network.
Ventilation and air conditioning systems must be performed in accordance with the project and provide standard air exchange in all rooms. Each hotel room must be equipped with a ventilation system.
Heating, ventilation and air conditioning systems must provide the microclimate parameters in the hotel rooms in accordance with the requirements of SanPiN 2.1.2.2645-10 "Sanitary and epidemiological requirements for living conditions in residential buildings and premises", and in office and administrative premises in accordance with SanPiN 2.2. 4.548-96 "Hygienic requirements for the microclimate of industrial premises."
In hotels equipped with air conditioning systems, it is necessary to conduct bacteriological studies of water samples from air conditioning systems for the presence of the causative agent of legionellosis.
3.Sanitary and epidemiological requirements for the equipment and maintenance of hotel premises.
The hotel should be equipped with hard, soft equipment. Applied construction Materials, as well as materials used for interior decoration, flooring, upholstered furniture made of synthetic materials, should not be sources of emission of harmful substances and create unfavorable living conditions.
Hotel premises must be protected from ionizing and high-frequency radiation, including from internal sources (medical, kitchen, technical equipment).
Special measures should be taken to protect the rooms from noise from the corridors - noise-proof doors, seals in the vestibules, the device of vestibules or second doors and from vibration - the device of shock absorbers, flexible inserts, suspensions, floating foundations, etc.
In construction and finishing use materials that have passed hygienic certification and have a certificate of conformity.
The illumination of the hotel premises should be sufficient for comfortable living and comply with the requirements of SanPiN 2.2.1 / 2.1.1.1278-03 "Hygienic requirements for natural, artificial and combined lighting of residential and public buildings."
All hotel premises should be cleaned by dedicated staff, staff should be dressed in clean and ironed clothes.
Cleaning of rooms should be carried out in the current mode.
Each room must be disinfected daily.
Sanitary requirements for cleaning premises include the following:
Daily cleaning of premises with airing and cleaning of beds in rooms, wiping of hard furniture, processing furniture and floors with a vacuum cleaner (in rooms, halls, corridors), washing floors in the lobby and cleaning bathrooms,
Weekly general cleaning of rooms with wiping of window panes,
Monthly general cleaning of common areas (halls, corridors, lobbies) with dust removal, window glass washing, floor polishing, carpet and carpet treatment and electrical fittings wiping.
The cleaning of sanitary facilities is carried out in the following sequence - wiping of lamps, mirrors, shelves, walls, fittings, toilet bowls, urinals, toilet seats. Floor and floor mats are washed last. Restrooms should be provided with toilet paper and washbasins with soap and two towels.
At the end of the cleaning of the bathroom, all sanitary devices (washbasin, bathtub, toilet bowl) must be labeled with the words “Disinfected”.
For disinfection, it is necessary to use disinfectants that have documents confirming their safety in the prescribed manner.
Must be observed lingerie requirements:
Carry out a regular change of linen,
Store clean and dirty linen in separate linens.
Laundry rooms and laundry repair rooms should have good ventilation and lighting, walls should be painted with oil paint or faced with glazed tiles. Indoors there are sinks with cold and hot water supply, the floors are covered with linoleum, plastic or metlakh tiles.
Washing linen in the hotel laundry,in the absence of a laundry - in specialized organizations under the contract. If the hotel has a laundry and dry cleaning, the equipment and maintenance must meet the hygienic requirements for laundries and dry cleaning organizations. Used detergents must have documents confirming their safety.
Sanitary measures at the hotel. provide the following:
Preventive treatment of premises in order to avoid the appearance of insects and rodents under the contract.
4. Sanitary and epidemiological requirements for the disposal of household waste and garbage.
Bins and other devices for garbage and waste should be installed in the hotel.
Used preparations for disinfection, disinsection, deodorization, detergents must be safe, have documents confirming their safety.
If there are garbage chutes in the hotel building, the door and hatches of the garbage chutes should be located in a separate room from the residential group. The garbage chute must be in good working order, be equipped with devices that ensure its cleaning, disinfection and disinsection.
For the installation of containers, a special area with a hard surface must be equipped. Garbage and household waste should be removed daily.
Collection, temporary storage and removal of used fluorescent and energy-saving lamps should be carried out by specialized organizations.
5. Requirements for personal hygiene of personnel.
The hotel staff is obliged to undergo mandatory medical examinations, preventive vaccinations and hygienic training in accordance with the order of the Ministry of Health and Social Development of the Russian Federation of 12.04.2011 No. 302n "On approval of the list of harmful and (or) hazardous production factors and work, during which mandatory preliminary and periodic medical examinations (examinations), and the Procedure for carrying out mandatory preliminary and periodic medical examinations (examinations) of workers engaged in heavy work and in work with harmful and (or) dangerous working conditions. " Hygienic training is carried out once every 2 years. Persons who have not been trained are not allowed to work.
Each hotel employee must have a personal medical book of a single sample with the results of hygienic certification, preliminary upon admission to work and periodic medical examinations, preventive vaccinations .
In conclusion, the most important thing is that the staff of any facility that provides hotel services must have the qualifications corresponding to the work performed. To create an atmosphere of hospitality, to be kind and courteous.
We continue to answer important questions. First materials and.
What kind of inspection bodies can come? Which of them can present what? How can we rebuff them, what laws can we present to them?
A representative of any supervisory authority can visit you. Statistically, most often come the district police officer, representatives of the Federal Migration Service, the fire inspection, the tax office. If Rospotrebnadzor has received a complaint against you, then anyone can come, up to the prosecutor. If representatives of the inspection bodies appeared at your doorstep, you need to make a call to the authority and clarify whether these are really their representatives and what is the purpose of the inspection. The staff must provide you with the phone number and contact information.
All, except for the Federal Migration Service, give from days to three to collect the necessary documents (so to speak, if your legal entity is registered at a different address, it is allowed that not all constituent documents are stored in the hostel). FMS verifies the direct maintenance of migration records.
The question of how to "fight back" is difficult to answer. In our practice and the practice of our colleagues, we have observed a fairly loyal and serious attitude of the authorities. If they came to you with a routine check, you will receive a deadline for elimination and, most likely, you will do without fines. If you came with a complaint, it's not bad that the reasons for the complaint have already been eliminated in the bud, and you have a response story of how everything really happened.
If your business is serious and for a long time, make an acquaintance with the district police officer, he will know who he is dealing with, that you have a serious place and you are a non-conflict person, and there will be no problems with you. Usually, the district police officers are aware of all scheduled checks. You can also watch our video “ Hostel checks“, It will answer some questions.
We are not worth submitting any laws to defend ourselves. Yours is not defense, but an equal dialogue. You need to present your well-established workflow:
a) accounting and tax reporting,
b) migration reporting,
c) documents that legalize your activities, including as many documents as possible: both agreed plans and redevelopments, and compliance with fire, sanitary and other requirements for premises. This list is limited by hotel requirements. Basically, you have to match the hotel.
Until now, we have not faced lawlessness and pressure from supervisory authorities. No authorities have yet to close the hostel.
Another question is if your neighbors are systematically surviving you, or you quarreled with a local precinct. We can honestly say that only compliance with hotel requirements and non-residential premises will save you.
According to the President's open speech, a small business can operate without tax audits for 3 years. So if you opened a business for a year or two, and you work quietly and without complaints, then during this time you will not meet a single authorized representative.
According to information received from the Committee for Tourism and Hotel Management of the city of Moscow, there are more than 300 hostels located in the city of Moscow. According to the heads of the district administrations of the Central administrative district, on the territory of a number of districts of the Central Administrative District, up to 100 such objects can be located.
The fact of deterioration of living conditions in residential apartments adjacent to such "hostels" is confirmed by the complaints of residents of the houses in which they are located, including those who fear the possibility of the spread of massive infectious diseases. This can be facilitated by a constantly changing contingent of residents, often belonging to groups at increased risk of developing infectious diseases.
In 2014, the Office of Rospotrebnadzor in Moscow conducted 6 unscheduled inspections and took part in 15 prosecutorial inspections against legal entities and individual entrepreneurs engaged in the provision of temporary accommodation and accommodation in hostels.
Among the main violations detected during checks of hostels, the following can be distinguished:
lack of entrances to the hostel isolated from the residential part of the building;
failure to submit a notice of the beginning of the implementation of activities for the provision of hotel services, services for temporary accommodation and provision of temporary accommodation to the territorial body of Rospotrebnadzor;
not carrying out preventive disinfection of toilets, baths, kitchens, including the use of disinfectants;
lack of information on the passage of periodic preventive medical examinations by employees, lack of lists of the contingent of employees subject to preventive medical examinations, lack of medical books, certificates of the final commission on medical examinations, information on preventive vaccinations, hygienic certification;
lack of production control over compliance with sanitary legislation, lack of a production control program (plan); not carrying out disinsection work.
Based on the results of inspections on the facts of violation of sanitary legislation, the perpetrators were brought to administrative responsibility (in 5 cases in the form of administrative suspension of activities).
The problem of control over such objects is associated with the lack of a regulatory framework governing this activity. These arguments are given by the hostel owners in order to avoid administrative responsibility during inspections.
At the same time, the implementation in an apartment by an individual entrepreneur or a legal entity of activities related to the visit of this apartment by customers, that is, the operation of an apartment as a public premises in violation of the requirements of sanitary legislation, is punishable in accordance with Articles 6.3, 6.4 of the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation).
Evasion of inspections and obstruction of their conduct is punishable in accordance with Article 19.4.1 Part 1 and Part 2 of the Administrative Code of the Russian Federation.
Failure to submit a notice of the start of entrepreneurial activities for the provision of services for temporary accommodation and provision of temporary residence to the territorial body of Rospotrebnadzor, as well as for submitting a notice with inaccurate information entails administrative responsibility under Art. 19.7.5.1 part 1 and part 2.
In cases where the owners of hostels are not registered as individual entrepreneurs or legal entities, their activities are a gross violation, like illegal entrepreneurial activity, responsibility for which is provided for both by the Code of Administrative Offenses of the Russian Federation (Article 14.1 of the Administrative Code of the Russian Federation) and by the Criminal Code. Code (Art. 171 of the Criminal Code of the Russian Federation).
In 2014, the Office of Rospotrebnadzor in Moscow carried out a number of inspections of hostels located in apartments of residential buildings (without a separate entrance). Based on administrative materials, following the results of inspections, the courts made decisions on the application of punishment in the form of administrative suspension of activities (IE Bychkova O.V., Moscow, Sretenka st., 26/1; IP Kareva E.M., Moscow , Seliverstov lane, 1A; IE Gukasyan E.A., Moscow, Sretenka st., 26/1).
July 10, 2014 Deputy Mayor of Moscow in the Moscow Government Biryukov P.P. a meeting was held on the issue of the placement of hostels in apartment buildings. The Office of Rospotrebnadzor in Moscow presents an analysis of the activities of the Office in this area. Proposals are given on the organization of comprehensive work on this problem and the need to initiate amendments to Federal legislation, including the Housing Code of the Russian Federation.
