Until the end of 2017 Coregulatory service (GDS), Ukraine needs to create and run an automated surveillance system. All regulatory agencies will be required to disclose the audit plans and their results. In particular, state agencies are required to specify the purpose of inspection: the subject and the audited entity. For failure to submit such information provides for administrative responsibility, writes UBR
As a result, the society, business and regulators will be able to see the whole picture inspections in the state. For example, each company can see when, which authorities and what are you going to check out, and history has already conducted raids and the actions taken.
“We developed the terms of reference, so business has the opportunity to submit their proposals,” — said the head of State regulatory service Ksenia Lyapina.
But wait for the end of operation of the system officials will not. To check out a new start this year.
In particular, the scope of the law on the principles of the national audit office has expanded on the fiscal service (except customs clearance at the border), departments of architecture and construction, as well as oversight over compliance with labour legislation.
By the way, the state service of Ukraine on labour, according to the head Gasregulating service, was the only organization that refused to coordinate with GDS. All information will be compiled a Protocol.
According to the lawyers, from January 1, all supervisors are required to approve their plans, not quarterly, once a year without the right to make changes. In the future, if the automated system will show that the same subject included in the audit plans of at least two different regulatory authorities, it will be an occasion to conduct a comprehensive inspection.
Unscheduled inspections now require approval by the authorities of GDS and obtaining a permit to conduct. If the body that carries them out fall under the so-called moratorium on testing.
The law “On temporal features of implementation of measures of state control in the sphere of economic activity”, which is also called “law on the moratorium on testing”, subject to the consent of GRS to conduct unscheduled inspections of those bodies that fall within the scope of the moratorium. First of all, we are talking about unscheduled inspections based on complaints from consumers whose rights have been violated.
The maximum fine for businesses for violating labor laws can amount to 320 thousand UAH.
The moratorium on inspections, according to Lyapina, have reduced the effectiveness of the national audit office, which was low initially.
“According to our estimates, approximately 80% of control derived from the moratorium. Including control of labor relations, which will be held separate consultations with the public to determine the boundaries and the way of inspections,” — said Lyapina.
Recall from 1 January 2017 were significantly increased penalties for businesses for breaches of labour legislation. The maximum fine may amount to 320 thousand UAH.
This, according to the representative of the “Union for the protection of entrepreneurs” Alexander Krasovsky, equivalent to the closure of small and even medium businesses. However, due to the small number of staff of the state service for labour, the credentials of its employees are allowed to delegate to employees of local authorities.
“If an employee of the Executive will receive the powers of inspectors, he will be able to check within and in the manner, established by article 12 of the labor law,” — says Lyapina.
In GDS promise to soon publish the list of controllers covered by the moratorium and those who have the right to make any checks. Because often even the officials themselves do not understand, if they can go out on inspection.
“For example, two kinds of control Gospodarevskaya do not fall under the moratorium (product safety and the rights of consumers), but there are types of checks, the permission of which the organ or its territorial subdivision shall receive”, — said the Director of the legal Department and Gasregulating state supervision service Alexander, Barbulak.
How to check
The law now establishes a uniform periodicity of routine inspections, depending on the degree of risk of doing business. For example, high-risk enterprise-one inspector may inspect every two years. Subjects with an average risk — once every three years, and all the rest — not more often than once in five years.
It is important that if for some types of entities are not fixed splitting criteria on the levels of risk, frequency of inspections and the list of issues to be monitored, they are considered to be default risk.
“The maximum duration of inspections is reduced from 15 to 10 working days and the total duration of all scheduled inspections by different controlling authorities (due diligence) may not exceed 30 working days”, — reported in the asters.
High-risk enterprise-one inspector may inspect every two years.
An important innovation experts believe the presumption of lawfulness of activities of a business entity. Simply put, all the contradictions in the laws and regulations must be interpreted in favor of the check.
Business law has given more rights to refuse to admit the inspectors. For example, now the employer can not allow the controllers to check if they are repeatedly came with an unscheduled visit for the same violation.
In addition, entrepreneurs now have the right to require termination of the investigation in such cases:
- exceeding the maximum period of examination;
- the inspectors use non-standardized forms of acts of checks;
- if the reviewer is trying to go beyond studying the issues that became the basis for an unscheduled inspection.
How to punish
But empowerment entails the expansion of liability. According to the lawyers, for the first violation, the businessman will be punished by a minimum fine. If within 15 days the company does not pay and does not appeal against its imposition, the amount will be charged in court.
According to representatives of business, still a number of outstanding issues. For example, the head of the Ukrainian Association of bakers Vladimir Series draws attention to the uncertainty in the field of quality control of perishable products.
In turn, the head of the division for relations with state authorities “Mondelis Ukraine” Andrew Chirwa requires to clearly separate the functions of the AMC and Gospodarevskaya, often check the same: the quality and safety of products.
And the Chairman of Zhytomyr regional branch of the SBI, small and medium business “fortress” Igor Meat spoke about “professional complainers” who are hired by competitors to the inspectors were not allowed to operate a particular enterprise. Lists of Complainants are encouraged to disclose it and not to accept their slander, if they are common, for example, three times a month.