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Check or search the restaurant. How to act?

Controllers and law enforcement officers are faithful companions of Ukrainian entrepreneurs. And the more successful your business, the more frequent the visits of uninvited guests.

The next moratorium on inspections, which the Verkhovna Rada of Ukraine adopted in November last year, did not significantly change the situation. In 2017 alone, 48,000 scheduled inspections will be conducted. And reports of new searches appear in the media almost daily. Therefore, a successful business leader must be able to interact with law enforcement and controllers.

On April 27, Bargen partner Andriy Gevko shared with the participants of the Bureau Business Ideas training "How to manage a cafe, bar or restaurant" the experience of communicating with uninvited guests.

Andriy told about the bodies that could potentially inspect recreation facilities, how and where to look for information about scheduled inspections. Andriy Gevko also shared his experience of interaction with inspectors during inspections: “Before signing a copy of the inspection referral, make sure that there is no reason not to allow the inspector to conduct such an inspection. Check the inspector's service certificate and his referral for inspection. Pay attention to the name and address of the company in the direction, the date of the beginning and end of the inspection, the presence of the necessary signatures and seals and other mandatory details. It is very often possible to "catch" an inspector by mistake and legally prevent him from conducting an inspection. "

Andriy Gevko also advises to pay attention to the type of inspection. If the inspection is scheduled, it is reported in advance. Therefore, it is necessary to make sure that the notification procedure is followed. The unscheduled inspection has a limited subject. Therefore, care must be taken to ensure that inspectors do not go beyond the established limits.

Andriy paid special attention to the inspections of the State Labor Inspectorate. There is already news about the first fines for non-admission of inspectors - 320 thousand UAH. Therefore, this topic was of great interest to the audience.

"It is better to prepare for the inspection in advance. Conduct detailed training for employees. Tell us how to behave during the visit of the inspector of the State Labor Service and what to answer his questions. Accompany the inspector throughout the inspection and record any violations he or she commits. All this should be noted later in your comments to the act or conclusion of the inspector. Substantiated remarks will help to successfully appeal the results of the inspection, "Andriy Gevko said.

We did not forget about such "specific inspectors" as Kyivreklama and Kyivblagoustriy. Andrew advised what to look for during the forced dismantling of advertising signs and summer playgrounds.

In addition to inspections, they also talked about searches and seizures. Andriy advised to prepare in advance for the search: to conduct staff briefings and trainings, keep important documents in inaccessible places and install a strong door at the entrance to the accounting office J.

The participants of the training were also concerned about the provision of documents and videos at the request and inquiries of law enforcement officers. Andriy Gevko explained that law enforcement officers have no grounds to orally or in writing require the company to provide any documents. The legal basis is not a request or a phone call, but a decision of the investigating judge on temporary access to things and documents or on a search. "Only after you check the validity of the decision, the name and address of the company and the person who came with the decision, you can provide documents. Give only what is specified in the decision, and record in writing that you transferred to the investigator », - Andrey advises.

The restaurant manager can communicate with law enforcement and controllers on his own, or relieve himself of unnecessary hassles and entrust the matter to lawyers. This will complete the inspection with the least loss to the company.

You can view Andriy's presentation at the following link:


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