Requirements for implementing a risk-based approach have been changed

The Government of Russia have adopted the Decree of March 21, 2019 No. 289 prepared by the Ministry of Economic Development of Russia, which changes the requirements for implementing a risk-based approach.

The decree introduces new approaches to the application of a risk-based approach as part of the regional control. It establishes a separate list of seven types of regional control, during the conduct of which the application of a risk-based approach is mandatory. The specified list takes effect in parts. The first two types of control and supervision (regional environmental and construction supervision) use the criteria for classifying objects of supervision by risk categories that have already been approved by the Government of Russia and are currently used.

The application of a risk-based approach in four other types of control (housing supervision, supervision in the field of protection from emergency situations, supervision over the preservation of highways, control (supervision) in the field of regulated prices (tariffs)) will become mandatory on January 1, 2020, veterinary supervision – on January 1, 2021. The criteria for categorizing risk for these types of regional control (supervision) must be approved by regional authorities, and they should serve as basis for creating annual inspection plans for 2020 and 2021, respectively. For the types of regional control (supervision) that are not included in this list, the decision to apply a risk-based approach should be made at the regional level.

The decree establishes a unified cycle of scheduled inspections for regional control, with the exception of environmental and construction supervision, for which the periodicity requirements have already been previously established. With regards to the objects of extremely high, high and significant risk, scheduled inspections will be carried out once a year, every two years, and every three years, respectively. With regards to the objects of medium and moderate risk, scheduled inspections will be carried out no more than once every 4 years and no less than once every 5 years, no more than once every 6 years, and no less than once every 8 years, respectively. For the low risk category, scheduled inspections will not be planned. The document also clarifies the regulation of a risk-based approach for licensing control. It establishes that the criteria for categorizing risk for licensing control is determined by the regulation on licensing a specific type of activity.