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Business Duty Officer

Food delivery networks, Maybe, need to prepare for testing.

Food delivery networks, Maybe, need to prepare for testing.

After the mass poisoning in Rostov-on-Don, one of the local public organizations asks the Prosecutor General's Office to check food delivery companies. Public activists explain everything by a moratorium on business inspections. Experts, from my side, emphasize the importance of complying with business protection measures, along with, surely, with consumer protection.

An appeal was sent to the Prosecutor General's Office and Rospotrebnadzor with a request to organize an inspection of networks, who are engaged in the preparation and delivery of food in the cities of Russia. Speech, in particular, is about Good Food companies, Level Kitchen, Grow Food, Justfood, «TasteMil», My Food.

“We consider it necessary to draw your competent attention to the flagrant fact of mass food poisoning, what happened 15 February in Rostov-on-Don. Good Food was the culprit, whose business is based on franchising, allowing many individual sole proprietorships and LLCs to operate under one popular brand", - Izvestia quotes the head of the Public Consumer Initiative Oleg Pavlov.

According to the newspaper, the appeal of a public figure contains a request to check this and similar networks, neither much nor little, all around Russia. The response to the appeal is not yet known..

Earlier in Rostov-on-Don, a criminal case was opened on the fact of poisoning 50 man eating from healthy nutrition kits. The department of Rospotrebnadzor in the Rostov region reported, that the agency checked the manufacturer of culinary products Good Food, during which gross violations of the law were revealed.

Since very little time has passed since the discovery of the first cases of poisoning, the number of casualties may rise, believes Oleg Pavlov. According to him, this situation has developed in the conditions of a moratorium on unscheduled inspections, because of which entrepreneurs stopped worrying about the compliance of their business with sanitary and hygienic, fire safety and other mandatory requirements.

"According to our estimates, Ready-to-eat food and delivery services are used by over 60% residents of million-plus cities. Therefore, surely, scale of the problem, and most importantly, the consequences can be very serious.”, - explained the public figure.

What might follow?

It is quite specific to require the Prosecutor General's Office to respond in the form of initiating extensive unscheduled inspections, Alexander Inoyadov, a member of the Moscow Bar Association, told Expert. According to him, operating in 2023 moratorium on business inspections provides for exceptions, which, as grounds for conducting inspections, include the requirements of the prosecutor. In a particular case, the reasons, on which the lower prosecutor's offices did not see such grounds.

Anyway, the network consists of separate legal entities, which operate in specific regions. Checks will be carried out by regional structures, The Prosecutor General's Office has the right to entrust the consideration of appeals to both the prosecutor's office at the place of registration of the main legal entity, and by regions of presence, in which complaints are noted, noticed the lawyer.

In case of receipt of the request of the prosecutor, an unscheduled inspection will be initiated, which is regulated by Federal Law 294-FZ, powers of control bodies. According to Alexander Inoyadov, in this case, most likely - by the territorial bodies of Rospotrebnadzor.

Compensation and liability

Mass food poisoning, is unfortunately, Not unusual, Yevgenia Ryzhkova, the lawyer of the legal group Yakovlev and Partners, told Expert. In most cases, problems with one franchisee do not lead to inspections of all, but it's possible, believes the lawyer.

Unscheduled checks (Events) in 2023 year are carried out only on a certain list of grounds, she notes. Including - in agreement with the prosecutor's office, if, for example, there is a threat of harm to life and serious harm to the health of citizens.

Respectively, if the detected infectious disease poses a danger to life or can lead to serious bodily harm, Rospotrebnadzor, upon agreement or at the request of the prosecutor's office, has the right to inspect the entire franchise network or in all establishments, who use the services of the same suppliers as Good Food in Rostov-on-Don.

Consumers, to receive compensation, when the first symptoms appear, seek medical attention. The medical records must reflect the diagnosis, appointment and date of onset, doctor's signature and stamp. You also need to keep all receipts for medicines., medical care (if it was on a commercial basis) and special meals, notes the lawyer.

Speaking in general, then in the case of mass poisoning, it is practiced to bring the management of public catering points to criminal liability under article 238 Criminal Code of the Russian Federation, pointed Evgenia Ryzhkova. In most cases, when a criminal case is initiated on the commission of a crime, responsibility for which is provided for by Art.. 238 Criminal Code of the Russian Federation, cases of administrative offenses are also initiated.

For example, for offenses, responsibility for which is provided for by Art.. 6.6 Code of Administrative Offenses of the Russian Federation. A protocol is drawn up on a temporary ban on activities, and subsequently punished in the form of an administrative suspension of activities for a period of up to 90 days. This is necessary to prevent repetitive actions., that caused harm to health, and to eliminate existing violations of the law.

After forensic examinations, including forensic medical examinations, when establishing the presence of harm to health, the case is sent to the court. Important to note, that the subjective side of the crime can be characterized as one form of guilt in the form of intent, and a double form of guilt: intent in relation to the committed act and negligence in relation to the ensuing consequences (p. "d" h. 2, h. 3 Art. 238 CC RF).

The person must be aware, that performs actions with goods, not meeting safety requirements, anticipates possible consequences and is willing to carry out such activities. At the same time, the motive and purpose do not matter for the qualification of the deed., although they should be clarified during the investigation and trial. Most often this is a selfish motive., desire for financial gain, income, explained the lawyer.

Separate the rams from the goats

On the other hand, the lawyer, Criminal Defense Firm Daniil Gorkov believes, that a moratorium on unscheduled inspections, which was extended by the state 2023 year, only partly explains the situation.. So, cases of mass poisoning due to poor-quality catering work have occurred before.

Identification of dishonesty on the part of responsible persons may lead to their bringing to administrative responsibility. The imposition of an administrative fine under Art.. 6.6 Code of Administrative Offenses of the Russian Federation for violation of sanitary and epidemiological requirements for catering to the population can cause irreparable damage to the business reputation of the organization, operating in this area, emphasized Daniil Gorkov in a comment to "Expert". He believes, that, at the same time, the possibility of criminal prosecution for misconduct seems unlikely, And in law enforcement practice, such cases are very rare..

As a member of the General Council noted in an interview with an Expert correspondent, Head of the Expert Center for Criminal Law Policy and Enforcement of Judicial Acts of "Business Russia", project ambassador “Business Duty Officer” Ekaterina Avdeeva, reducing the regulatory burden on business is a strong anti-corruption tool. At the same time, it is also a significant measure of support., allowing to protect conscientious entrepreneurs from administrative pressure and excessive burden during the period of sanctions shocks. В то же время важно правильно расставить приоритеты, weighing all the risks. Delovaya Rossiya advocates a balance of private and public interests, business interests, societies and states.

But if non-compliance with the established rules and regulations poses a threat to the life and health of people, then the public and supervisory authorities should not be inactive, since the interests of citizens must be protected, sure expert. Given that, surely, that the reason for the verification was not the artificial creation of prerequisites. For iexample, from unscrupulous competitors.

Conducting an audit in the above case is critical and does not conflict with the general trend to reduce the regulatory burden, pointed out by Ekaterina Avdeeva. It is a risk-based approach, which formed the basis of the reform of control and supervisory activities. It is important to emphasize, that business should not use relaxations in control to violate established quality standards and provide goods to the public, products and services, that can harm human life and health, concluded Ekaterina Avdeeva.

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