Prevention of violations of mandatory requirements

Prevention is an integral part of the new image of the control and supervision system, which was reflected in the list of key tasks   of control and supervisory activities reform. One of its main objectives it to change the perception of control and supervisory agencies, to re-focus their activities from looking for violations to their prevention and minimizing damage to legally protected valuable objects, and also to introduce a “service model” of relations with citizens and organizations that allows optimizing the costs of the supervisory agencies and reducing the burden on controlled entities.

In order to solve the tasks of implementing the prevention system into the work of control and supervisory bodies of the Ministry of Economic Development, in 2016 the amendments to Federal Law No. 249-FZ “On the protection of the rights of legal entities and individual entrepreneurs when carrying out state control (supervision) and municipal control” have been made. In particular, the document was supplemented with provisions on the use of preventive tools, such as compiling lists of legal acts that contain mandatory requirements; informing the controlled entities, including by preparing the guidelines for complying with mandatory requirements; organizing seminars and conferences; regular generalization of the practice of control and supervisory activities, including the description of typical and massive violations of mandatory requirements.

After that a number of Acts of the Government of the Russian Federation have been adopted, which set the specific features of certain institutes of the prevention system. The Government Decree № 166 of February 10, 2017 set the rules for drawing up and sending a warning not to violate the mandatory requirements. The Government Decree № 177 of February 13, 2017 defined the general requirements for the development and approval of checklists. Since the end of 2017, checklists have been used during carrying out federal state sanitary and epidemiological supervision, federal state control (supervision) in the field of transport security, federal state transport supervision, state environmental supervision and a number of its subtypes. In the future, the field of application of the control checklists will be expanded.

An important step for the development of preventive work was the adoption of the Standard for comprehensive prevention of violations of mandatory requirements. This document summarized the practical experience of carrying out preventive activities by Russian and foreign control and supervisory bodies, as well as the methodological recommendations developed in the course of the reform of control and supervisory activities.

The process of developing departmental prevention systems based on unified requirements and methodological recommendations as defined in the Standard was started in 2018.

In addition, on December 26, 2018, the Government of the Russian Federation adopted Resolution No. 1680, which approved the General Requirements, prepared by the Ministry of Economic Development of Russia, for the organization and implementation by control bodies of activities to prevent mandatory requirements violations. The General Requirements specify the procedure and special features of implementing and carrying out preventive activities, as defined in the Federal Law No. 294-FZ.