The state Duma adopted the draft Federal laws "On state control (supervision) and municipal control in the Russian Federation" and "On mandatory requirements in the Russian Federation", developed by the Ministry of economic development, in the first reading.
"The most difficult thing when preparing bills was to find the optimal balance between completely polar points of view. As well as not to allow excessive administrative costs, on the one hand, but also effectively ensure the safety of our citizens," stated Alexey Khersontsev, Secretary of Deputy Minister of economic development of the Russian Federation said at the plenary session of the State Duma.
The draft law "On state control..." should become the main legal act in the reform of control and supervisory activities that have been carried out in Russia since 2014.
"In the current system of state control (supervision) and municipal control, entrepreneurs note a number of shortcomings, the main of which are:
- focus of control and supervision activities on punishing entrepreneurs, collecting administrative fines, and not maintaining the rule of law in the supervised environment;
- the continuous, total nature of control that most businesses are subject to;
- the use of a "stick" system, as a result of which the activities of control bodies are evaluated by the number of inspections carried out and fines applied."
The draft law "On state control..." is aimed at overcoming these shortcomings. It is necessary to change the main goal of state and municipal control - from detecting violations and applying penalties for them - to ensuring compliance with mandatory requirements.
A special role in this should be played by prevention, which is recognized by the draft law as an integral part of state control (supervision). Control bodies and their officials should become state business consultants. All the mandatory requirements that are subject to verification must be collected by the control authorities, sorted by type of control, and posted on the Internet for public access. Control bodies should constantly analyze the practice of applying mandatory requirements, the most frequent violations, and, if necessary, take initiatives to change legislation and regulations.
The bridge between mandatory requirements and business will be the guidelines on compliance with mandatory requirements such as official explanations issued by the control bodies, including on all newly adopted or modified mandatory requirements.
The most important innovation of the draft law "On state control..." is the possibility of preliminary consultations of entrepreneurs with control bodies on the issues of building business activities. Before starting a new project or rebuilding an enterprise, the business will be able to get the opinion of the control bodies on compliance with the planned changes to mandatory requirements.
In the framework of the "regulatory guillotine" the bill "On mandatory requirements..." assumes the abolition of all previously adopted acts, check under control (supervision), and the introduction of new rules containing updated requirements, tailored to the risk-based approach and advanced level of technological development since January, 1, 2021.
The acts that were not canceled before January, 1, 2021 will not be checked during control measures and will not be used to bring economic entities to administrative responsibility.
All new mandatory requirements will undergo a regulatory impact assessment procedure, while existing ones will undergo an actual impact assessment procedure.
A key prerequisite for the "regulatory guillotine" is in many ways a large number of outdated irrelevant norms. Therefore, the draft law provides for the term of validity of acts, which cannot exceed six years. This period may be extended based on the act application assessment.