The draft law prepared by the Ministry of economic development is one of the key regulations in the framework of the ongoing reform of the regulatory "guillotine". The draft law" On state control (supervision) and municipal control "establishes the principles and rules for the implementation of control and supervision activities and should replace Federal law No. 294-FZ"on the protection of the rights of legal entities and individual entrepreneurs in the implementation of state control (supervision) and municipal control".
"The final version of the document has undergone a very serious legal and technical revision. We have clarified and strengthened the main provisions concerning the use of a risk-based approach, increasing the role of prevention, introducing new performance and efficiency indicators, and guaranteeing the rights of controlled persons. At the same time, a number of conceptual edits were made," said Alexey Khersontsev, state Secretary - Deputy to the Minister of economic development.
Among the key changes in the draft law, it is worth noting the consolidation of the norm on the need to coordinate on-site control and Supervisory activities with the Prosecutor's office. Previously, such approval was provided only for on-site inspection and raid inspection.
In addition, the original version of the bill included lists of types of regional and municipal control. The current version of the document does not contain these lists: instead, they will be fixed in the unified register of types of control, which will be maintained by the Ministry of economic development.
The draft law also excluded the rules relating to control and Supervisory proceedings and provisions on the ability of supervisors to perform urgent actions in the course of control and Supervisory proceedings, for example, temporarily suspend the activities of a controlled person. The latter duplicated preventive measures and measures to ensure proceedings in cases of administrative offenses.
A number of changes affected the implementation of control (Supervisory) activities in the regions. In particular, the right of all subjects of the Russian Federation, not just Federal cities, to establish types of regional control over their own subjects, as well as to approve regulations on the types of Federal control (supervision) carried out within the framework of the transferred powers, was established.
Among other major changes – consolidation of the control (Supervisory) activities without interaction with the controlled entities, the right to be present at carrying out of Supervisory activities of the Ombudsman under the RF President on protection of entrepreneurs rights in the Russian Federation and its public representatives or the Commissioner for the protection of the rights of entrepreneurs of the Russian Federation.