If an ISSPNPC fine arrives: 4 steps in the first days

In Moldova, consumer protection and market surveillance inspections are carried out by the State Inspectorate for Supervision of Non-Food Products and Consumer Protection, commonly referred to as ISSPNPC. For a business, the amount of the fine in MDL is not the only issue. The way the alleged breach is described in the act may matter even more. Sometimes the dispute is not about whether a product or service had a problem, but about whether the inspector had authority to check that issue, followed the right procedure and allowed the business to present evidence.

First clarify what document you received

A common mistake is to treat every document from the inspectorate as a "fine". After an inspection, several different documents may exist, and each can lead to a different challenge route.

A control act or control report records the inspection, findings, documents and explanations. A prescription normally requires the business to remedy a breach. A restrictive measure is more serious: it may suspend part of the activity or make the sale of a product impossible. Separately, there may be a report or decision in a contravention case.

ISSPNPC states that some control documents may be challenged by a preliminary complaint submitted to the control body in writing or electronically. However, acts imposing restrictive measures or sanctions that suspend business activity may be challenged directly in court without a preliminary procedure. If the dispute concerns the contravention part, the Contravention Code rules apply.

Procedural mistakes that may matter

A procedural mistake does not automatically cancel a fine. But if it affected the company's rights, evidence or the inspector's conclusions, it may become a strong argument.

Check the basis of the inspection. The inspector should have a control delegation, and the business has the right to check it and the inspector's service ID. If the inspection covered matters outside the delegation or the applicable checklist, record that immediately.

Check the rights of the inspected person. The company has the right to be informed of its rights and obligations, present evidence and explanations, request that documents be attached to the act, add remarks and participate personally or through a representative. A refusal to attach documents or record objections should be raised in the challenge.

Check the evidence. The inspected person may document the actions of inspectors through witnesses, photos, video or audio. This is useful when the dispute concerns price tags, consumer information, warranty documents, return conditions or website content.

Documents for the challenge: practical checklist

A weak complaint simply says "we disagree". A useful complaint shows which finding is wrong, which evidence contradicts it and why the error matters legally.

Prepare the inspectorate documents: control delegation, control act or report, attachments, prescription, restrictive measure, contravention report, sanction decision, proof of notification date and correspondence with the inspectorate.

Prepare the business documents: contracts, public offer, sale or service rules, receipts, invoices, handover acts, certificates, conformity declarations, warranties, internal complaint-handling procedures, website screenshots, store photos and employee explanations.

Separately, prepare a dispute map: the inspectorate's statement, the company's evidence and the legal conclusion. This helps the control body or court follow the argument without searching through attachments.

Where to file: control body or court

The route depends on the act being challenged. According to ISSPNPC, a preliminary complaint against the control delegation, extension decision or control report without prescriptions or restrictive measures may be filed within up to 30 days from notification. It is submitted to the control body in writing or electronically and reviewed by the dispute resolution council.

If a prescription or restrictive measure is challenged, request suspension of its effects separately. A challenge does not always automatically suspend execution. ISSPNPC states that suspension applies only within the limits set by the control body and only if requested by the inspected person.

If the measure suspends activity or makes it impossible to operate, direct court action may be required. In that case, the deadline is tied to the period set for executing the restrictive measure.

When to pay half the fine and when to challenge first

ISSPNPC indicates that fines are expressed in conventional units, and one conventional unit equals 50 lei. It also states that the offender may pay half of the established fine if payment is made within 3 working days from notification of the sanction decision.

Fast payment may be sensible if the breach is clear, the amount is low, the issue has been remedied and there is no serious risk of repetition. But before paying, check whether the act contains findings the company disputes, whether there were procedural errors and whether acceptance of the situation may create problems in future inspections, partner relationships or marketplaces.

The right question is not only "pay or not", but "which strategy is cheaper considering repetition, reputation and future inspections". Sometimes payment and remediation are enough. In other cases, a prompt challenge is necessary to avoid leaving a risky finding in the file.

If you received an ISSPNPC control act, prescription or fine, Colenco Legal can review the documents, deadlines and evidence before you file a challenge or pay.

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