Federal Law No. 480-FZ “On making amendments to the Federal Law “On the protection of the rights of legal entities and individual entrepreneurs when exercising state control (supervision) and municipal control” and Article 35 of the Federal Law “On water supply and water discharge” prohibits scheduled inspections in respect of small businesses from January 1, 2019 to December 31, 2020. Previously, the use of the regime of “supervisory vacations” (from January 1, 2016 to December 31, 2018) allowed reducing the number of scheduled inspections by more than 500,000.
Federal Law No. 480 establishes a number of restrictions. The prohibition on conducting scheduled inspections will not apply to the types of control (supervision) for which a risk-based approach has been introduced. Among them, there are about 30 types of state control (supervision), including fire supervision, sanitary and epidemiological supervision, supervision of compliance with the requirements of labor legislation, and supervision in the field of industrial safety.
There are also exceptions for unconscientious entrepreneurs. Planned inspections of small businesses that were previously brought to administrative responsibility for committing a grave violation or which served administrative penalty in the form of disqualification or administrative suspension of activity can still be carried out.
Exceptions are provided for inspections of licensed activities and of a number of types of federal state control (supervision), including supervision in the field of ensuring radiation safety, control over ensuring the protection of state secrets, external quality control of audit organizations, supervision of atomic energy use, and state assay supervision.
In addition to supervisory vacations, the draft law establishes the possibility of a complete abolishment of scheduled inspections under the type of state control (supervision) by including the relevant rule in the provision on the type of state control (supervision). Taking these amendments into account, the decision to completely abandon scheduled inspections by the type of state control (supervision) can be made by adopting not only a Federal Law, but also a Decree of the Government of the Russian Federation on making amendments to the regulation on the type of control.