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The laws "On mandatory requirements in the Russian Federation" and "On state control (supervision) and municipal control in the Russian Federation" developed by the Ministry of Economic Development are key documents for the reform of control and supervision activities. Work on the laws was carried out over 5 years with the participation of interested authorities, the State Duma and the Federation Council, the expert and business community.
The law on mandatory requirements establishes at the legislative level the mechanism of the "regulatory guillotine", the key prerequisite for which is largely a great number of outdated, contradictory rules. The mechanism is aimed at canceling acts that establish mandatory requirements for business and are checked by authorized bodies as part of control measures, as well as creating a new system of current requirements.
To achieve these goals, the draft law establishes a system of principles that must meet the new mandatory requirements, as well as the procedure for establishing and evaluating their application.
The effective date of the law is November 1, 2020, and the deadline for implementing the "regulatory guillotine" is January 1, 2021.
The law on state control, which is also called the control and supervision code, establishes the system and procedure for conducting control (supervisory) measures, establishes guarantees of the rights of controlled persons, and introduces new institutions and tools to reduce the administrative burden on economic entities.
One of the main provisions of the legal act is the creation of a full-fledged risk analysis and accounting system. Currently, the risk-based approach is applied in 34 types of control. After the entry into force of the law on control, it will be applied to more than 200 types of state control. Criteria and risk categories will be established for the types of control where planned control is applied, and the planned supervisory activities will be carried out at intervals established for each of these categories. For example, for high-risk and significant-risk units, the planned control will be performed no more than once every two years, and units classified as low-risk will be exempt from the planned control. Also, the planned control measures will not be carried out for those types of control where the criteria and risk categories are not set. The approved indicators of the risk of violating mandatory requirements will become one of the grounds for conducting unscheduled monitoring.
In turn, the types of control (supervision) will be fixed in a special electronic register, which will be launched by 2022. If there is no type of control in the register, it will be impossible to carry out control measures.
An innovation of the law is the presence of a detailed system of control measures. "The Law No. 294-FZ, which will be replaced by a new law, was originally written as the law on inspections and is therefore exclusively for them. At the same time, verification is the most burdensome form of control for economic entities. In order to limit the number of inspections and make the tools of control bodies more flexible, we have established new types of control measures in the law. This is, for example, a monitoring purchase or inspection visit, which lasts no more than one day and is not as labor-intensive for entrepreneurs as an inspection," Alexey Khersontsev explained State Secretary, Deputy Minister of economic development of the Russian Federation.
In addition, the law expands the range of preventive tools. Measures such as promoting integrity, preventive visits, counseling and much more are added to the currently used information and generalization of law enforcement practice. The law also introduces the institute of independent assessment of compliance with mandatory requirements. This assessment can be carried out by accredited inspection bodies.
Another new institution of the control system will be the pre-trial appeal mechanism. Its features are the "no paper" process, as well as reduced time for reviewing and responding to complaints. The new digital service of the unified portal of state and municipal services will become a single entry point for filing complaints. Over the next year, the system of pre-trial appeal will be introduced as an experiment by the types of control of the EMERCOM of Russia, the Federal Service for Environmental, Technological and Nuclear Oversight of Russia and the Federal Service for Supervision in Healthcare. The relevant draft resolution of the Ministry of Economic Development of Russia has been submitted to the Government of the Russian Federation.
"The law on control is a program document for both controllers and businesses. However, the regulatory system is not limited to it. In the next six months, the Ministry of Economic Development of Russia needs to prepare a bylaw and "law-satellite", and control bodies – regulations on types of control. This work is scheduled for the next year," Alexey Khersontsev noted.