Russian President Vladimir Putin signed developed by the Ministry of economic development of Russia Federal law No. 316-FZ, introduces changes aimed at improving the procedure for state (municipal) control and regulation of licensing control.
The Federal law specifies the concept of “Federal state control (supervision)” and “regional state control (supervision)”.
Federal law also provides that the list of Federal state control (supervision), applying a risk-based approach is determined by the Government of the Russian Federation and the list of regional state control (supervision), applying a risk-based approach set by the highest Executive organ of state power of a subject of the Russian Federation. The Russian government has the right to determine the types of regional state control (supervision), the organization which the risk-based approach is mandatory.
Under Federal law, criteria of activity of legal entities, individual entrepreneurs and (or) used their production facilities to a particular risk category or to a particular class (category) hazards in the organization of regional state audit office are determined by the Supreme Executive body of state power of a subject of the Russian Federation, if such criteria are not provided by Federal law or by the Government. The Russian government has the right to determine the General requirements to the criteria for inclusion of activities of legal entities, individual entrepreneurs and (or) used their production facilities to a particular risk category or to a particular class (category) hazards with the regional state control (supervision) and to the order of their establishment.
The provisions on the Federal state control may be provided for use by bodies of state control (supervision) indicators of risk of violation of mandatory requirements as a reason for unscheduled inspections.
In accordance with Federal law, the procedure of organization and implementation of licensing control for the given activity defined by the regulations on licensing specific types of activities approved by the Government of the Russian Federation. These regulations can be established that the implementation of licensing control for the specific activity planned audits are not carried out or that the implementation of licensing control for the specific type of activity carried out with the use of a risk-based approach, routine inspections of licensees are not held, depending on the classification of the activities of the licensees and (or) used their production facilities to a particular risk category, a particular class (category) of risk.
The law improves certain aspects of prevention activities. Eliminates the requirement that a warning about the inadmissibility of violations of the mandatory requirements may be sent only if the person has not previously been prosecuted for violation of the relevant requirements. Not previously been legislated period of accountability and the composition of the violations.
The law also provides for the use in the implementation of municipal control of the new institutions: prevention and measures of control without interaction checklists.
Introduces the rule that the target (RAID) inspection should not replace the test and should not be held against individuals.
“The document sets the future direction of the risk-based approach – one of the fundamental institutions of the system of “smart” monitoring to ensure that the rejection of total control and concentration in the areas of highest risk. It is particularly important that the law establishing the criteria and risk categories within the scope of powers vested in the regions. This will allow, on the one hand, to make the application of a risk-based approach is more comprehensive on all levels of government, and on the other hand is to provide an objective categorization of regulated entities in different spheres of public relations,” – commented on the Deputy Minister of economic development, Savva Shipov.