MOSCOW, July 31. /TASS/. President Vladimir Putin signed laws on the reform of control and regulatory activities, dubbed as the regulatory guillotine. The document was published on the official portal of legal information on Friday.
On July 22, the State Duma, lower house of the Russian parliament, adopted the laws on the regulatory guillotine in the third and final reading.
The reform of supervisory and regulatory activities envisages cancellation starting from 2021 of all regulatory business requirements that have not been revised and brought up to date by that moment. All standards that business people would be obliged to meet would be included in a special public register and scrutinized for relevance at least once in five years. Also, the reform will terminate all legal acts and resolutions adopted in the first years of Soviet government that have survived to this day.
Principles of state control
The new law declares proportionality of interference in the activities of controlled entities, inadmissibility of abuse of law as the main principles of state control. It will be inadmissible for several control and supervisory agencies to exercise multiple control of one person in order to assess their compliance with the same mandatory requirements.
The key indicator of the effectiveness of inspections will be the number of risks eliminated, rather than the number of inspections conducted and violations identified.
The law proposes abandoning the use of inspections as the main control tool and introduces new measures, such as a test purchase or field surveys. In this case, the main preventive measures will be such as recommendations, counseling and informing. An unscheduled monitoring purchase, a raid inspection and an unscheduled inspection can be carried out only in agreement with the prosecutor's office. Sampling of products will be carried out in the presence of the controlled person or his representative using video recording.
In addition, the new system of control and supervisory activities sets the deadline for an on-site inspection of a business at 10 working days for small and medium-sized businesses. At the same time, the total period of interaction during the implementation of an audit cannot exceed 50 hours for a small enterprise, 15 hours for a micro-enterprise.
The first law provides for the creation and maintenance of a unified register of types of federal and regional state control (supervision), as well as municipal control. The rules for its formation and maintenance will be approved by the Russian Government. Prosecutor General's Office of the Russian Federation will be the operator of the register. The formation of the register will begin on July 1, 2021, and its completion is planned until January 1, 2022.
The second document, included in the package on the so-called regulatory guillotine, clarifies the concept of a mandatory requirement, and also defines the goals, conditions and basic principles of their establishment. According to the document, mandatory requirements are the conditions, restrictions, prohibitions established by regulatory legal acts, as well as the obligations of citizens and organizations aimed at protecting values protected by federal laws. Mandatory requirements can be established by federal laws, an agreement on the Eurasian Economic Union, acts constituting the law of the Eurasian Economic Union (EAEU), as well as the provisions of international treaties of the Russian Federation that do not require the publication of domestic acts of the Russian Federation, regulatory legal acts of the Russian regions and municipal regulatory legal acts.