Finally, the reforms reached such a sphere as business inspections. Under the pretext of overcoming the consequences of the coronavirus and with the goal of stimulating the business activity of enterprises, those in power decided to reform the field of inspections.
Two draft laws have been proposed to the Cabinet of Ministers, which will strengthen the legal foundations of the new reform.
It should be noted that these draft laws do not concern the order of tax audits, as well as currency, budget legislation and some other areas.
So, first draft law: No. 5837 "On the basic principles of state supervision (control)"
Digitalization has not bypassed this sphere. Thus, at the legislative level, the integrated system, the pilot module of which already exists as the Inspection portal (https://inspections.gov.ua/), has found its anchorage. It is in this system that you will be able to familiarize yourself with plans, issues, ratings, inspection results, as well as fines applied to enterprises. But there is one small inconvenient thing hidden in this innovation, namely, the law no longer stipulates the obligation of the state health authority to send the subject of the economy a written notification about a scheduled inspection 10 days before such an inspection. The subject can learn about all plans himself through this system. Such an innovation will not allow the court to refer to a violation of the established notification procedure when appealing the results of the inspection, which is not good news for enterprises.
In addition, significant changes compared to today's rules will be the definition of the range of actions that will be considered obstacles.
For example, if you unreasonably do not allow inspectors to the enterprise, either
require to terminate the inspection (except for the reasons specified in Article 20 of this Law),
did not appoint your authorized representative for the time of the inspection or if he is not present at the time of the inspection
you do not return the second copy of the act with your signature, drawn up based on the results of the inspection.
In such cases, the draft law entitles the inspecting body to apply to the court.
In addition, the draft law introduces such a concept as "rating" of the enterprise. Depending on the accumulated points, the risks and the frequency of state supervision activities will be determined.
On the other hand, the control body will not have the right to demand from the business entity documents that were previously provided to such a body or that are publicly available. But at the same time, if earlier inspectors could inspect only territories and premises, now employees can inspect and demand access to machines, mechanisms, and equipment.
Also, if earlier for enterprises with a high level of risk, scheduled inspections were carried out no more than once every 2 years, now no more than once an hour. If previously the term of the planned inspection could not exceed 10 days, now for enterprises with a high level of risk - 15 days.
It is important to expand the list of reasons for carrying out an unscheduled inspection. Among them:
detection of information in state information resources (paper or electronic) that indicates a violation by the economic entity of the requirements of the legislation in the relevant sphere of state supervision (control)
court decision Yes, now the court decision can be the basis for an unscheduled inspection.
More innovations: if on the first day of the inspection it is revealed that the economic entity is missing the address specified in the certificate for the event, but a second address has been established, then the state supervisory body does not even need to rewrite its certificate to a new address. Now it is enough to simply indicate this in the inspection report.
If in the current law it is possible to stop the production of goods, the performance of work or the provision of services only by a court decision, then in the new draft law this right is already given to the control body, if during the inspection violations are revealed that pose a threat to the life or health of people or the environment natural environment.
However, if there are no such violations, work stoppage is not allowed. That. the inspection body can now make such decisions on its own, which may carry risks of abuse by the authorities. In turn, the resumption of work of the enterprise now also depends on the control body, although according to the current law, confirmation from the enterprise that all violations were eliminated was a sufficient basis for resumption of work. Here are such secret corruption risks.
An interesting amendment to the law is the fact that the company can independently apply to the inspection bodies for audits — that is, inspections on a voluntary basis.
What changes are provided by draft law No. 5838?
The draft of this Law proposes to introduce changes in Art. 166-21 of the Code of Administrative Offenses of Ukraine, which strengthen the responsibility of the inspecting body for violation of inspections.
One of such cases is a violation that is characterized by the fact that an act is drawn up as a result of the inspection, which will be canceled by court decision. That is, the supervisory body will bear responsibility if it has drawn up an illegal act.
In addition, it is about the following points:
violation of the periodicity of scheduled inspections;
carrying out inspections in the absence of grounds established by law, etc. etc.
Note that in this case, the checking officials will be subject to fines: from 250 to 500 of the tax-free minimum income of citizens (from 4250 UAH to 8500 UAH). Now such fines amount to only UAH 850-1700. For repeated actions within a year after the imposition of an administrative fine, the fine for officials will increase from 8500 to 17 hryvnias instead of the current maximum of 000 hryvnias.
