The controlling entity will be able to circumvent the restrictions on business inspections

At the finish line

Harmonization of the main provisions of the draft law “On state and municipal control (supervision) in the Russian Federation” which on a plan should clearly define the rules of interaction between regulatory bodies and entrepreneurs and reduce the administrative burden on business, is in the final stage, told RBK two participants of the discussions with the business associations. The bill will be submitted to the government on 1 August 2016, now the Ministry of economic development meets with representatives of the business community for the settlement of existing business remarks to the bill, told RBC press Secretary of the Ministry of economic development Elena laskina.

The current version of the bill was discussed on 11 July at the meeting in Ministry of economic development, told RBC two people involved in the discussion. To the bill a large business there are a number of significant observations, follows from the conclusion of the RUIE to the document. “The RSPP has sent its comments to the bill. It is still being finalized. We hope that our comments will be taken into account in the revision”, — told RBC Vice-President RSPP Alexander Varvarin.

Next week the bill will be discussed at the site of the government Commission on administrative reform, knows one of the participants in the discussion.

The reason

As previously reported by RBC, the main instrument of administrative control over the business remain unscheduled, and they grow in an arithmetic progression, complained to the President of Russia Vladimir Putin “Support of Russia”. According to the Ministry, the share of unscheduled inspections in their number is growing in 2013 and by the end of 2015 reached 59%. Data for the first half of 2016, the Ministry has not yet been reported, said the representative of Ministry of economic development. Under the control of the Federal authorities “for the second consecutive year the number of inspections is decreasing, but regional and municipal inspections have growth due to the introduction in 2015 of the new licensing (licensing of entrepreneurial activity on management of apartment houses) and the increase in the number of audits under land supervision, said laskina, without giving absolute numbers.

Now, says the RUIE, the inspection may be new grounds for unscheduled inspections. One of them is a reasoned presentation on the results of the control without interaction with the citizen and the organization.” The list of such checks is restricted: in particular, examinations specially protected natural areas, courts, railway transport, measurements in the framework of state environmental monitoring, measurement of parameters of work of electric power facilities, gas, water and wastewater and many others. Another reason is the identification of the parameters of activity corresponding to or, on the contrary, deviating from the risk indicators.

These grounds do not require coordination of carrying out check with bodies of Prosecutor’s office, which actually allows the controllers to carry out unscheduled audits at their discretion, as stated in the comments of the RSPP. To avoid this, the RSPP proposes to provide preliminary approval to the Prosecutor’s office checks on these new grounds.

Observe, but don’t ask

The bill introduces several new types of control measures, including road inspection, test purchase, observation, monitoring and others. On the results of monitoring by the authorities to bring the company or entrepreneur responsible for the violations immediately — without audit trail. And in the case of monitoring is possible only after will be held unscheduled inspections it will need to be negotiated with prosecutors. But, as noted by the RSPP, is essentially observation and monitoring are very similar. Supervisors can abuse the “surveillance” to the detriment of the softer “monitoring”, is afraid of the Union, and that it was not, the Ministry of economic development, to make these two types of control United the principle of accountability.

The Union is also concerned that the bill in its current version gives inspectors the right during monitoring or observing to interview managers and any officers of the organization. RSPP wants this right they did not have, otherwise, control bodies may wish to turn the surveillance or monitoring in an informal site inspection.

There is no clear regulation in terms of what the regulatory authorities must return the seized documents and equipment from the company. Terms discussed at the meeting were asked to limit their five days, the Varvarin.

Who will bear the costs

Another concern of business is due to possible additional costs that companies may incur in the case that the Supervisory authorities of the audit will decide to appoint an expert examination and to bring expert organization. Costs depend on the amount of work and expertise. But the bill does not specify for whose account it should be. The business offers to register separately, that the costs of the experts should carry it with the validator.

“Business Russia” for its part, generates a list of comments that will be sent to the Ministry of economic development later, told RBC member of the General Council of this organization is Michael Rosenfeld. Key observations, according to him, due to the fact that the bill logically would have to complete the non-reform control of the sector, but in reality does not solve the problem of total control, he points out. In particular, some types of control, regulated by special laws, are declared outside the unified national system of risk management. Does not involve in the unified model of risk management of different ministries. A unified methodology of risk assessment no. Therefore, integrated audits will become, “let us return to the situation when the number of tested subjects will increase,” fears Rosenfeld.

“Support of Russia” is currently preparing comments on draft legislation, told RBC Vice-President Vladislav Korochkin.