If an administrative case is instituted against a citizen or a company, different security measures may be used against violators. If the proceedings are open in relation to the organization, then a temporary prohibition of activity may be applied as a coercive measure. He is appointed for a limited period of time, and there must also be appropriate grounds for him. For each enterprise, such a measure has significant drawbacks, since under such conditions, firms lose a significant part of their profits.
The essence of the ban
Temporary prohibition of activity is a specific measure that is used when opening administrative office work. It lies in the fact that for a short period of time the company ceases to operate on the basis of a court decision. An additional such decision may be made by an authorized official.
A temporary prohibition of the organization’s activities is carried out in relation to the entire company or its individual representative offices and branches. During this period of time, firms cannot engage in their core business activities, use existing property or provide services.
When is it used?
A temporary ban on the activities of structural units or the entire company can be applied only if there are good reasons. It is used exclusively in the framework of administrative affairs. The ban applies in a situation where the continuation of the company may lead to any serious negative consequences that are associated with a threat to the life or health of citizens.
Most often, this restriction is used in the following situations:
- detection of epidemics or radiation accidents;
- after a man-made disaster;
- a situation arises when environmental damage is caused;
- the inspection organization requires that the company eliminate the identified violations in a short time, therefore, its further work is prohibited at this time.
Each situation must be proved by official documents.
What violations are banned?
Most often, a temporary prohibition of an organization’s activities is applied if it violates serious legal requirements. Such popular types of violations include:
- attracting people who cannot perform this activity, for example, foreigners illegally staying in the territory of the Russian Federation;
- conducting activities that are prohibited for a particular company or require a license;
- refusal to use CCP;
- evidence is revealed that the firm received income in a criminal way;
- prohibitive measures by state bodies act as an effective counter-terrorism measure.
Such a ban implies that not only the further work of the company is prohibited, but also all operations carried out with funds that are in bank accounts are suspended.
Period of temporary prohibition of activities
If, as part of the consideration of an administrative offense, the penalty imposed by the prohibition of activity is applied, then the supervisory authorities should take into account the optimal time for this process. The period of temporary prohibition of activities is a maximum of 90 days. This period begins from the moment when the work of the main office, branch or any structural unit of the company actually stops.The same applies to representative offices or even production sites.
During this time, the owners of the company and employees of the institution do not have the right to use any buildings, aggregates, equipment or other property that belongs to the organization.
The term of a temporary ban on activities should not exceed 90 days. It is during this period of time that a specific administrative case is examined. An extension of this period is allowed, but only if there are good reasons.
What are the goals achieved?
Temporary prohibition of activities allows various state supervisory authorities to achieve several goals at once. These include:
- a threat to the life or health of citizens is prevented;
- manage to stop the spread of various infections or epidemics;
- a quarantine regime is provided for organizations from which infection began;
- various technological disasters or accidents that can cause significant harm to the environment and human life are prevented.
Moreover, evidence is required that this particular company is to blame for the emergencies that arise.
Documentation Rules
If, as part of the consideration of any serious administrative case, a court makes a decision on the application of a ban on a firm for a short period of time, then such a process should be correctly documented. To do this, the following actions are performed:
- a protocol is drawn up on a temporary prohibition of activities;
- this document must be signed by the culprit after careful examination;
- a copy of the protocol is handed to the culprit;
- after that, the company stops working for a period of up to 5 days;
- at this time, an administrative case is being reviewed;
- by court order, the company closes or may continue to operate.
If you violate the above rules, any company owner can legally challenge the ban.
What information is included in the protocol?
An important point is the correct completion of the protocol on the temporary prohibition of activities. A sample of this document should be studied by each owner of the company so that he can understand exactly what information should be contained in it. The following data must be included in the protocol:
- the grounds for applying the temporary ban are given;
- indicates the date and place of compilation of this documentation;
- given F. I. O. and the position of the person who is actually involved in the formation of the protocol
- information is entered about the direct company and its managers, who are held accountable;
- indicates the object of activity in respect of which the ban applies;
- explanations of the immediate culprit who violate the requirements of the law, for example, engage in illegal activities, hire foreigners who do not have a permit, or perform other illegal actions, are written in the document.
If it turns out that there is any false information in this document, then it is invalid. Therefore, the company can continue its activities legally. Due to this, company owners must carefully verify the correctness of the protocol.
Protocol nuances
The term for a temporary prohibition of activity is prescribed directly in this document. The rules of the protocol include:
- documentation is generated solely by the official who revealed the violation by the company management;
- it is signed by both the originator and the director of the company in respect of which the ban applies;
- if the owner of the company is absent, then the signature of its official representative is put;
- if the director of the company refuses to put a signature in the document, then an appropriate entry is made in the protocol;
- The authorized person uses a special form, the form of which is established at the regional level.
If the business owner identifies any errors or inconsistencies in this document, then he can challenge the protocol. Under these conditions, the suspension of the company is considered illegal.
What additional activities are performed?
After filling out and signing the protocol, authorized persons carry out other mandatory actions. These include:
- seals are applied;
- sealing of the premises where the company operates or stores the goods sold and various material values;
- Sealed cash registers;
- other measures necessary to prevent violation of the temporary prohibition of activities by the violator of the law are applied.
At the same time, it is not allowed to use any measures that lead to negative and irreversible consequences for production or trading activities. If during the work of the company different life support facilities are used, then they must continue to function, and it is also not allowed to violate their integrity.
Due to all the above measures, it is guaranteed that the owner of the company simply will not be able to continue its activities. If the purpose of applying the ban is to eliminate the identified violations, then optimal conditions must be created for this. Since the ban can be imposed even for 90 days, each company owner should strive to eliminate the identified violations or to correct a specific emergency in order to quickly remove the restriction. Only after that he will be able to continue entrepreneurial activity.
What information is included in administrative documents?
In addition to the protocol, the owner of the enterprise receives some other documents from the inspection organization. These include an order that includes the following information:
- the date on which the work of the enterprise is suspended;
- various measures that should be used by the management of the company to correct the violations identified, as well as prevent similar problems in the future;
- terms during which the company will be suspended;
- lists the persons appointed as responsible for the execution of the designated activities;
- methods that can be used to control the implementation of planned tasks.
Additionally, the head of the company itself must issue an order to suspend work. All employees must sign it with a signature. Usually, information is first transferred to the heads of departments, who then transmit information to their subordinates.
Is it removed ahead of schedule?
A temporary ban on activities may be removed ahead of schedule under certain conditions. For example, the management of a company may file a petition with the supervisory authorities if all circumstances that cause the company to be held administratively liable in the form of suspension of work are eliminated.
You can apply for the lifting of the ban to the court, for which reference should be made to the provisions of Article 3.12 Administrative Code. In this case, it is necessary to prepare documents that prove that the company has really completed all the necessary measures indicated in the protocol and order.
If the court makes a negative decision on such a petition, then it must be motivated. This is usually due to the fact that after the audit it is revealed that in fact the company has not complied with all the requirements of the inspection body.
If the decision is positive, then a court order is issued, on the basis of which the administrative punishment, represented by a ban on the activities of the company, is terminated. It indicates the date from which the company can continue to work.
If firms without the absence of such a decree and before the end of the sentence begins to work, then the bailiffs responsible for control over the work of the company will be able to fine the company's management.
Conclusion
Many companies that violate the requirements of the law during operation are faced with a situation where a ban on activity is imposed. Its term depends on the circumstances of the violations identified.
If the company quickly fixes all the problems, then it can file a request for early lifting of the ban.