Implementation of the system of violation prevention 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 the reform of control and supervisory activities. 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.

Since 2017, as part of the priority program “Reform of control and supervisory activities, the Ministry of Economic Development of Russia has been implementing the priority project "Implementation of the system for comprehensive prevention of mandatory requirements violations.”

In the beginning of the year, 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. So, 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.

In addition, in 2017, the control and supervisory agencies on the types of state control (supervision), participating in the priority program, with the assistance from the Ministry of Economic Development of Russia, Minister of the Russian Federation Mikhail Abyzov, the Analytical Center of the Government of the Russian Federation organized on quarterly public events in the central apparatus and territorial bodies also involving representatives of the business community, the public, the media, and officers of other state bodies.

Also, state control (supervisory) bodies – participants of the priority program have prepared, published on their websites and currently provide regular updates of new methodological materials for citizens and organizations:

  • “black book” – a report containing an overview of law enforcement practices, typical and massive violations of mandatory requirements (“things not to do”);
  • “white book” – a report with guidelines to comply with mandatory requirements, clarification of new mandatory requirements or requirements with unclear meaning (“things to do”).
An important step for the development of preventive work was the adoption of the Standard for comprehensive prevention of violations of mandatory requirements. The document was developed by the Ministry of Economic Development of Russia as part of the implementation of the priority program and was approved by the record of the project committee’s meeting on September 12, 2017, No. 61 (11). 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.

In addition to the statutory prevention tools, the Standard defines the measures not regulated by the current legislation. They include clarification of control procedures, incentive activities, the mechanism of prejudicial (extrajudicial) appeal, development of interactive services, and so on.

The preventive component of control and supervisory activities has also been reflected in the draft Federal Law “On state control (Supervision) in the Russian Federation and municipal controls” and the draft Decree of the Government of the Russian Federation, prepared by the Ministry of Economic Development, on the approval of general requirements for the organization of preventive work.