Federal Law «On State Control (Supervision) and Municipal Control in the Russian Federation» and the Federal Law «On Mandatory Requirements in the Russian Federation»

Dear colleagues, good afternoon!

The StekloSouz Association of Russia received information from Vadim Vitalievich Chubarov, Vice-President of the Chamber of Commerce and Industry of the Russian Federation (hereinafter referred to as the RF CCI).

As you know, "StekloSouz" is a member of the RF CCI.

We publish this information for your information:

On July 22, 2020, the State Duma adopted the Federal Law "On State Control (Supervision) and Municipal Control in the Russian Federation" (hereinafter - the Control Law) and the Federal Law "On Mandatory Requirements in the Russian Federation" (hereinafter - the Law on Mandatory Requirements) ...

The laws provide for the reform of control (supervisory) activities, oblige the authorities to apply a risk-based approach, and also consolidate the implementation of the “regulatory guillotine” mechanism. The result of the ongoing reform should be de-bureaucratization of the existing control (supervision) system, reduction of administrative pressure on business, as well as the elimination of redundant and duplicate mandatory requirements.

For several years, the RF Chamber of Commerce and Industry has been supporting these laws during their development in the RF Government and their passage in the specialized committees of the State Duma.

The result of the joint activities of the RF CCI, territorial chambers of commerce and industry and member organizations was the following.

I. In the Law on Control, a number of amendments of the RF CCI were taken into account.

1) A limit is set for the number of control measures carried out in relation to business, depending on the category of risk of violation of requirements - no more than once every six months for the most dangerous enterprises and no more than once every three years for the safest enterprises.

2) The implementation by an inspector within the framework of a control (supervision) measure of actions that are prohibited within the framework of such an event (for example, conducting a survey, requesting documents, etc.) as part of a control purchase is a gross violation of the requirements for organizing control (supervision) and entails cancellation of all decisions taken as a result of the events held.

3) For the inspector, a ban has been introduced on additional unscheduled activities after the completion of planned control (supervision) activities.

4) The duty of the inspector is to provide consultations at the request of the controlled persons (earlier this was the right of the inspector).

5) Unscheduled sampling control, inspection visit, raid inspection, test purchase, monitoring procurement are carried out only after coordination of these measures with the prosecutor's office (previously, only an unscheduled field inspection was subject to mandatory approval).

6) Many provisions have been excluded, the presence of which could subsequently lead to a violation of the rights and interests of business entities (for example, the rules allowing control measures "in exceptional cases", "in cases of extreme necessity", "in emergency cases", etc.) .).

II. The Law on Compulsory Requirements takes into account the following amendments of the RF CCI.

1) In the event of a conflict between several mandatory requirements, the entrepreneur is considered to have fulfilled the requirements in good faith if he has ensured compliance with any of them.

2) Draft regulatory legal acts establishing mandatory requirements are subject to mandatory public discussion, including with the business community.

III. Additionally, we draw your attention to a number of important innovations in the field of regional control (supervision) and municipal

control:

1) Regional and municipal authorities are empowered to approve "checklists" for the types of control (supervision) carried out in order to familiarize businesses with existing regulations.

2) Entrepreneurs will be able to file a complaint against actions (inaction) of regional and municipal authorities using the pre-trial appeal information system.

3) Regional and municipal bodies are obliged to approve new provisions on the types of control (supervision) carried out by 01.01.2022.

IV. In pursuance of clause 6 of the Protocol of the meeting of the President of the RF CCI dated June 15, 2020 No. 20, we inform you about the experience of creating in the Kaliningrad region a single control (supervisory) body for all types of regional control (supervision) carried out in the region - the Ministry of Regional Control (Supervision).

The Ministry is a special body that simultaneously conducts state policy and legal regulation in several types of regional state control (supervision), and also carries out prevention and verification of compliance with mandatory requirements in the following types of control (supervision):

• internal state financial control;

• control over compliance with legislation in the field of procurement to meet state and municipal needs;

• regional state housing supervision;

• licensing of management of apartment buildings;

• regional state construction supervision;

• regional state control (supervision) in the field of shared construction of real estate objects and over the activities of housing construction cooperatives;

• regional state supervision in the field of organization and conduct of gambling.

Application:

Respectfully,

Press center "StekloSouz"