MIL OSI Translation. Region: Russian Federation –
The first presentation of the updated fundamental draft law on state control and supervision was held today, May 16, as part of the St. Petersburg International Legal Forum. The document will establish requirements for risk management, define measures focused on risk management and prevention of violations, as well as requirements for evaluating the activities of state control bodies. And most importantly – it is designed to help control become friendly and efficient. The project may be submitted to the State Duma in the fall, said Deputy Prime Minister and Chief of the Government Staff Konstantin Chuichenko during the presentation of the project at the session “How to make state control friendly and effective: presentation of a new draft law on state control”
Package of bills, which include project The new control and supervisory law and the draft law on mandatory requirements, implies a complete revision of the mandatory requirements for business. By the end of this year, the government plans to prepare bills that will become the basis for the reform of control and supervisory activities. The first will determine the mandatory requirements for carrying out measures of state control and supervision. The second law on state control will determine the circle of persons involved in supervision, as well as the list and procedure of measures, preventive procedures and a number of other necessary positions. The new regulation will come into force on January 1, 2021.
Somewhere in September, we would like to bring it to the State Duma, and before that, over the course of four months, we should discuss it in great detail with the professional and expert community. In general, to be honest, it seems to me, in a sense, from the technical point of view, this is a definite breakthrough, and this, again, is a return to the good that was. This is a fairly highly developed document, ”the Deputy Prime Minister stressed.
He also clarified that in May the government will adopt a “road map” on the implementation of new business requirements, it will consist of only a few clear and intelligible points.
One of the main principles of the renewed draft law is that it will help to become control friendly and effective, I am sure, Deputy Minister of Economic Development of the Russian Federation Savva Shipov is sure.
Control should become more efficient, firstly, due to a clear definition of the subject and objects of control, because all this time we did not have control over the accounting of objects of control, and in principle we did not know all those who should be checked. Secondly, we propose to abandon the hegemony of inspections – and this is one of the main key changes that are enshrined in the bill. We believe that emphasis should be placed on new, less labor-intensive, more operational and effective control measures. In some areas it will be possible in general to abandon the control measures, replacing them with remote monitoring using modern technical means. And thirdly, the bill defines a system for evaluating the effectiveness of control and supervisory authorities. Damage reduction is its main measure, ”the deputy minister noted during the presentation of the bill.
As for damage reduction, the draft law for the first time introduces a direct ban on the use of the “cane system” for this purpose. Such an assessment, I am sure Shipov, should apply not only to the bodies themselves, but also to officials, to the entire inspection staff, and an important component of these decisions will be the possibility enshrined in the draft law to introduce a special remuneration system for such inspectors based on the achievement of specific indicators.
This is one of the necessary measures that will help the inspector, and therefore control, to become not only effective, but also friendly. And such interaction can provide new preventive measures, they are designed to become the main form of work of the control bodies. Now, any help of the controller of the inspected organization is considered through legislation on the fight against corruption, and, of course, this imbalance must be eliminated, ”said the deputy minister.
An equally important place in the project is given to using a risk-based approach. The bill extends it to all relations arising between the controller and the person being verified. This allows you to make transparent and predictable decisions and trajectories of reducing the administrative burden for specific organizations.
During the discussion of the draft law, the session participants came to the conclusion that it is of fundamental importance that the controllers feel that they are part of a new, modern management system. And in solving this problem, digitalization reflected in the document comes to the fore. The draft law provides that after the completion of the transition period, the control should become fully digital, i.e. open. All data on the actions of the controller, and on compliance with the requirements of controlled persons should be available in real time and have legal value.
In the conclusion of the presentation, the Deputy Minister of Economic Development emphasized that the common goal of the supervisors and the business community is to ensure economic growth while organizing the required level of security.
The draft law on control and supervisory activities is only the first part, the reform will not be successful without the adoption of the law on mandatory requirements and the new version of the Administrative Code. Now, thanks to the decisive position of the government, we have a historic chance to do what we have not done before. We will be bold in our decisions, ”he concluded.
In turn, a member of the Expert Council under the Government of the Russian Federation, Alexander Bragin, clarified that before submitting the draft to the State Duma, the project should go a long way of expert discussion, in which the council will actively participate.
Discussion of the updated draft law will go in close cooperation with the business, the Expert Council will also be connected. The first discussion is scheduled for May 24, after which we will have to submit an opinion on the bill before the end of May. I think that by the time the law is submitted to the government, it will undergo, albeit not conceptual, but all the same changes, ”said Alexander Bragin.
A distinctive feature of the new version from the old one, in his opinion, is that the authors of the draft law aimed at a more accurate and detailed description of the points related to the process of control itself, and even more detailed regulation of all forms and types of control and supervisory measures. But at the same time it was important to try to link this with a risk and risk-based approach and with prevention mechanisms, and also to correct the definition of juridical terms.
Reform of state control is carried out with the active participation of the Expert Council under the Government of the Russian Federation, it is aimed at reducing the administrative burden on business while improving the security of citizens and the state.
EDITOR’S NOTE: This article is a translation. Apologies should not be perfect.