On August 3, 2018, the President of the Russian Federation signed the Federal Law No. 316-FZ, developed by the Ministry of Economic Development, which introduces changes to the legislation aimed at improving the procedure for carrying out state (municipal) control and legal regulation of licensing control.
A number of the law’s provisions are aimed at developing a risk-oriented approach: it defines the powers of regional authorities to introduce the risk-oriented approach for regional types of control, it approves the criteria for classifying risks, if such decisions have not been made by the Government of the Russian Federation.
The document allows for applying risk indicators during unscheduled inspections. Data on risk indicators can be obtained during any activities of remote inspection. In addition, the document allows for gathering information in the framework of monitoring compliance with mandatory requirements.
The federal law improves certain aspects of preventive activities. It eliminates the precondition that a warning on the impermissibility of violating mandatory requirements can only be sent if an individual has not been previously held liable for violation of the requirements. Previously, the timeframe of holding liable and elements of violation were not legally formalized.
The law also provides for using new institutions in carrying out of municipal control – prevention, control measures without interaction, checklists. It introduces a rule that a scheduled (patrol) inspection should not be a substitute for inspection and should not be applied to individuals.
It also clarifies specific provisions for the regulation of control purchases: it unequivocally establishes that a control purchase is conducted on the basis of an order, and not an instruction of a head of a control body, and eliminates the duplication of the rules on recording a control purchase in a single register of inspections.
The legislation on licensing introduces new provisions on the specifics of carrying out of licensing control using a risk-based approach. It should be noted that licensing powers are federal, and their realization by regions is possible only with the transfer of appropriate powers.
Also, the law sets new requirements for intervals of scheduled inspections in the context of licensing control, which are related to the possibility of using a risk-based approach.
According to the Deputy Minister of Economic Development of the RF Savva Shipov, the law will facilitate the effective application of new institutions of control and supervisory activities. “The document defines further directions for the development of a risk-oriented approach – one of the founding institutions of a “smart” control system – which ensure the abandonment of total control and instead its concentration in the areas of the highest risk. It is particularly important that the regions are now given the right within their own powers to establish the criteria and risk categories. This will allow, on the one hand, to make the use of the risk-based approach more multidimensional at all government levels, and on the other hand, to ensure the most objective categorization of controlled subjects in various areas of public relations.”