CPV reform and moratoriums on inspections in numbers

The 2019 presidential address to the Federal Assembly launched the CPV reform. Its first stage was the “regulatory guillotine”, during which 43 working groups, assembled on a parity basis (50/50 representatives of business and regulators who make decisions only by consensus), analyzed 318 thousand requirements (143 thousand canceled, 55 accepted thousand new, about 120 thousand saved).

Then the law on mandatory requirements was adopted (No. 247-FZ of July 31, 2020), according to which each existing requirement must be reviewed once every six years, and the provisions that establish new mandatory requirements are introduced only from March 1 or from March 1 September of the corresponding year and must be substantiated and enforceable, the law on state control and the satellite law (changes in 132 sectoral laws), as well as 240 government decrees, 350 departmental acts, more than 35 thousand regional and municipal acts. The purpose of this work is the introduction of uniform basic rules and principles for all types of control and supervision, the mandatory use of a risk-based approach, the mandatory coordination of inspection plans with the prosecution authorities and the conduct of unscheduled inspections.

The number of types of control was reduced from 250 to 141 (federal – 101, regional – 33, municipal – 7). The focus has shifted from inspections to prevention of violations, the period for conducting inspections has been halved, from 20 to 10 working days. At this stage, all data on KND were collected in a single information and analytical system.

Then, in order to build feedback, the government introduced a procedure for mandatory pre-trial appeal against the actions of controllers – the service “Complaint against the decision of control bodies” was created on the public services portal. All federal, regional and municipal controllers (31, 1301 and 2501 departments, respectively) are connected to the system. The normative term for considering a complaint is 20 days, in fact – an average of 11 days. In 2022, 3.7 thousand complaints were filed. One-third of the complaints were resolved in favor of the business. Two-thirds of organizations find the pre-trial appeal system useful.

As a result, 339 thousand inspections were carried out in 2022, which is the absolute minimum, 20% less than in the moratorium year 2020 (408 thousand), and almost five times less than in 2019 (1.5 million). According to the government apparatus, as of June 19, 2023, 134.1 thousand inspections were carried out. Compared to the same period in 2022 (190 thousand), this is 1.4 times less.

As a result, the number of inspections of businesses (that is, organizations in all areas of activity, except for the social sphere, inspections of state and municipal authorities, construction sites, as well as inspections of persons who are owners of land plots) for 2022 amounted to less than half of all inspections conducted (129, 6 thousand, or 38.2%). Approximately 22.8 thousand checks were made on checks of previously issued prescriptions. This, we note, has caused an increase in complaints from municipal and budgetary institutions about the excessive attention paid to them by controllers.

In relation to small and medium-sized businesses in 2022, inspections also decreased – 108.6 thousand inspections were carried out (in 2021 – 305.3 thousand), including in relation to micro-enterprises – 65.6 thousand, small enterprises – 33, 7 thousand, medium-sized enterprises – 9.3 thousand.

At the same time, contrary to popular belief that the abandonment of previous state control practices leads to an increase in the number of incidents, according to the White House staff, the overall level of security does not fall. Thus, according to Rospotrebnadzor, the number of victims of food poisoning has decreased (to 1.27 per 100 thousand people, the planned value is 1.89).

The moratorium on inspections was introduced on March 10, 2022 as part of the government’s anti-crisis activity when most developed countries imposed sanctions in connection with the Russian military operation in Ukraine. He allowed scheduled inspections only where risks are high – at socially significant facilities (schools and kindergartens) on compliance with sanitary and fire requirements, as well as at hazardous production facilities. Unscheduled inspections were allowed only on the grounds determined by the government (for example, in case of a threat to the life and health of citizens, the occurrence of an emergency, on instructions from the president and the government). In 2023, restrictions on unscheduled inspections were extended, the approach to inspections based on risk indicators was changed – an inspection can be carried out if any risk indicator is detected (in 2022, only if the identified risk indicator is associated with an immediate threat to the life of citizens).

In parallel, until 2030, scheduled inspections are possible only in relation to control objects classified as extremely high (311 thousand objects, checks once a year) and high (482 thousand objects, checks every two years) risk, out of the total number of 5.1 million objects. In relation to state and municipal schools and kindergartens, scheduled inspections have been replaced with preventive visits, which cannot be refused.

In total, as part of the moratorium, 240,000 inspections were canceled in 2022 (181,000 scheduled and 60,000 unscheduled). During the period of the moratorium, 219.8 thousand inspections were carried out (of which 160 thousand were unscheduled, 59.7 thousand were scheduled). In the same period, the number of inspections in respect of businesses amounted to 64.8 thousand (27.4% of the total). Business savings – up to 80 billion rubles.

To monitor compliance with the moratorium: a service for filing a complaint about violation of the moratorium has been created at the State Services. The term for consideration of complaints is one business day. In 2022, 98 complaints were filed. Of these, six have been approved.

Against this background, the control and supervisory authorities began to shift their focus from inspections to the prevention of violations. So, in 2022, almost 2 million preventive measures were taken (preventive visits and announcement of warnings) – against 882 thousand inspections and 132.7 thousand preventive measures in 2021.

Work on risk indicators is de facto just beginning. In 2022, 187 indicators were developed, according to which two types of control were carried out – fire and land; as of June 19, 2023, 105 more have been added to them. By the end of 2023, it is planned to develop 190.

Department of Economics