The Ministry of Justice proposes to remove the Ministry of Internal Affairs from control activities regarding business
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The government expects to delineate the powers of the Ministry of Internal Affairs and control and supervisory agencies in relation to business: the police may be prohibited from punishing entrepreneurs for violating the mandatory requirements that the authorities require to be fulfilled as part of control and supervisory activities (CNA), a corresponding bill has been prepared by the Ministry of Justice. Businesses and experts recognize the problem of excessive police powers in relation to the CND, however, the document, in their opinion, is not ambitious enough – the police are left with a lot of “business powers”.
The Ministry of Justice published on regulation.gov.ru draft amendments to a number of articles of the Code of Administrative Offenses, designed to delimit the powers of the police and control and supervisory authorities in relation to business. If the document is adopted, only control and supervisory agencies will be able to initiate cases of administrative offenses related to failure to comply with mandatory requirements (does not apply to the powers of prosecutors). To this end, the authors propose to exclude from the Code of Administrative Offenses “certain powers” of the police to draw up protocols and consider cases of offenses “in those areas of public relations” in which internal affairs bodies are not vested with powers. However, the police will be able to hold businesses accountable if a “prompt response to violations” is required to “effectively protect legally protected values,” follows from the explanatory note.
We would like to remind you that following the results of the SPIEF, President Vladimir Putin ordered that the police be prohibited from punishing businesses for violations of the competence of control and supervisory authorities. Previously, the Prosecutor General’s Office insisted on the need for a ban: the department announced extra-procedural checks that are not part of the direct responsibilities of the police and interfere with the normal work of entrepreneurs under sanctions. Recognized the problem and the business. Kommersant’s interlocutor, familiar with the work scheme of the White House and the Prosecutor General’s Office, explained that the supervisory authority needed the initiative as part of expanding its own powers to limit the gray activity of employees of the Ministry of Internal Affairs (see “Kommersant” on August 18). The Ministry of Economy, responsible for the CND reform, told Kommersant that they support the bill.
The business community supports the bill conceptually. As Ekaterina Avdeeva, head of the expert center on criminal legal policy and execution of judicial acts of Business Russia, reminds, the problem that the draft law can solve arose in connection with the conflict of norms of the laws “On State Control” (248-FZ) and “On the Police” (3-FZ): in fact, some of the violations fell under both laws, and this created the opportunity for abuse. Deputy Executive Director of Opora Rossii Ivan Efremenkov notes that the proposed amendments help reduce administrative pressure on business, although the document lacks “ambition”: “The internal affairs bodies have a lot of powers to draw up protocols on administrative offenses under the current Code of Administrative Offenses – we are talking about more than hundreds of articles, many of which directly relate to business. At the same time, the new bill does not provide as many exceptions as we would like.”
Business ombudsman Boris Titov also points to this: the bill abolishes “not all” of the powers of the Ministry of Internal Affairs, which overlap with the powers of control and supervisory authorities – due to a loophole about the possibility of holding businesses accountable for the “effective protection of legally protected values.” Ekaterina Avdeeva calls the clause “logical”: without it, the powers that the police need to quickly identify and respond to offenses would be “unreasonably limited”, in this form, in her opinion, the project logically continues the implementation of the risk-based approach in the CND .
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