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  • Unscheduled audit of business will soon be limited by law

    In the near future, the Russian legislation will introduce changes to limit the number of unscheduled audits of business.

    "Unscheduled audits are a serious burden for business, so in the near future the instructions of the president will make changes in the legislation to reduce the number of unscheduled audits to no more than 30% of the planned checks, except for those that are directly related to violations that potentially threaten life and health of citizens,” - Mikhail Abyzov, Minister for Open Government Affairs, who oversees the state control and oversight reform, said at an operational meeting with the Russian Prosecutor General with the agenda of investment attractiveness in Far Eastern, Siberian and Ural federal regions in Yekaterinburg.

    According to M.Abyzov, in 2017, the prosecutors of three regions identified 46 thousand cases of violations of the law that protects the rights of entrepreneurs. As a result, more than 6 thousand officials were brought to administrative responsibility. Sometimes there are situations when the amount of imposed fines is disproportionate to the scale of business, that in fact leads to the bankruptcy of enterprises.

    "It is necessary to begin work on the revision of the code on administrative offenses, ensuring the proportionality of punishment and fines to the level of risk, as well as the real financial capabilities of the audited," - M. Abyzov said.

    As a positive tool for supporting entrepreneurs, he named the creation of a portal for a single register of inspections.

    "The portal is constantly developing being supplemented with a new list of data. Business itself notes the significant role of the single register of audits in ensuring transparency of verification activities," - he said.

    The minister believes that the end of the supervisory vacation will not lead to an increase in the administrative burden for business.

    "The end of the supervisory holidays, which in accordance with the law are scheduled in 2018, and the transition to a risk-based approach in general will not lead to an increase in the administrative burden on the business, while ensuring a much higher level of security for our citizens," - he said.

    According to him, the main function of the state control is to increase the level of security for citizens, and in the case of fire in Kemerovo, the state control failed to fulfill its main task, and therefore changes in the legislation are necessary.

    "One of the possible reasons for the incident is that the company, de facto representing an increased level of risk and the threat of harm, covered up by a small business, was released from planned inspections during the supervisory vacation. This was a temptation for many really dangerous enterprises and a kind of loophole that, disguised as the status of a small enterprise, get rid of inspections,” - M. Abyzov stressed.

    In his opinion, regardless of the status of an enterprise, if it represents a high level of risk, planned inspections should become mandatory in its relation. Simultaneously, if it does not pose a potential threat, then an enterprise should be released from scheduled inspections.

    "This is the essence of the risk-oriented approach that we are implementing in the framework of the reform, but we must understand that we have only 5-10% of all small enterprises that represent a high and medium level of risk," - the minister said.

    According to his information, all measures within the framework of the state control and supervision reform in the light of the events that took place in Kemerovo require separate, in-depth analysis, considerations and conclusions.

    The Minister also believes that the task of retraining the employees of the supervisory bodies is urgent. In 2018, on-line training is planned to train 20 thousand employees, in 2019 - 50 thousand employees.

    All these activities are planned within the framework of the "smart state control" program that is being implemented until 2025.

    "We are only at the beginning of the way of accomplishing the tasks formulated before 2025. Taking into account the experience accumulated during the year, we have formed the plan of tasks for the near future," - M. Abyzov summed up.

    Information source: "Внеплановые проверки бизнеса скоро будут ограничены законом”

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