The government has submitted a draft to the Duma to eliminate duplicate business inspections
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The Russian government introduced to the State Duma billwhich eliminates duplication of powers of the Ministry of Internal Affairs and control and supervisory authorities in the field of proceedings in cases of administrative offenses.
As noted in the explanatory note, currently internal affairs bodies can initiate and consider cases on 663 administrative offenses, 197 of which are expressed in violation of mandatory requirements, the assessment of compliance with which is also carried out by supervisory authorities. The document is aimed at excluding from the competence of the police the powers to consider cases of those administrative offenses that are expressed in failure to comply with mandatory requirements, the assessment of compliance with which is carried out primarily by supervisory authorities, and is also assigned simultaneously to the police and control authorities.
Submitting a document earlier today announced government press service. They explained that at the first stage, it was proposed to exclude 46 compounds related to duplicating powers from the Code of Administrative Offenses of the Russian Federation. The remaining compositions will be analyzed to “ensure the required level of security” with the subsequent elimination of duplicative powers.
The introduced bill proposes to exclude from the jurisdiction of the Ministry of Internal Affairs of the Russian Federation the following administrative offenses:
At the same time, it is proposed that the police retain the authority to initiate and consider cases of administrative offenses that infringe on the health, sanitary and epidemiological well-being of the population and public morality in the field of environmental protection (Part 1, 3.1, 3.2, 3.3, 3.4 of Article 8.2, 8.3, 8.6 of the Administrative Code, etc.), in the field of communications and information, illicit trafficking in alcohol and tobacco products, etc.
“This is a continuation of the large-scale reform that is being implemented today on behalf of the president. <...> By applying a risk-based approach, inspections are carried out only in cases where there is a risk of violation of the law. For this system to work, control over entrepreneurs must be exercised only by relevant departments. To do this, we are eliminating duplicative powers when both control authorities and the police come to the business,” Deputy Government Chairman Dmitry Grigorenko commented on the project.
The bill was prepared by the Cabinet of Ministers together with the Prosecutor General’s Office and the Ministry of Internal Affairs.
During the plenary session of the St. Petersburg International Economic Forum (SPIEF) Russian President Vladimir Putin raised the problem that in the field of business inspections there is a “substitution of concepts”, since instead of control and supervisory authorities, law enforcement officers began to come to entrepreneurs. In this regard, Putin called on the government, together with the Prosecutor General’s Office and the Ministry of Internal Affairs, to further enshrine in legislation the rule that inspections should be carried out only by relevant departments.
At the same time, the president proposed canceling inspections of businesses if they are not associated with high risks of harm to humans and the environment. He noted that in Russia the number of business inspections has significantly decreased. In 2022, there were 339,000 inspection activities, which is 20% less than in 2020 and almost five times less than in 2019.
Prime Minister of the Russian Federation Mikhail Mishustin, in turn, said that the government will legislate the norm for conducting inspections of entrepreneurs only to relevant departments. Despite the introduction of a moratorium on inspections, Russian entrepreneurs demonstrated responsibility and conscientiousness in their work, he emphasized earlier.
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