The Resolution of the President "On measures to improve the procedure for coordinating inspections in the activities of business entities" No. ??-374 dated October 13, 2022 (the "Resolution No. ??-374") establishes that from November 1, 2022:
- all inspections of business entities are registered in the information system "Unified State Control". At the same time, conducting inspections in the activities of business entities that are not registered in this system is considered illegal;
- the results of inspections, as well as information on preventive measures within three days from the date of completion of the inspection or preventive measures are entered into the information system "Unified State Control".
Moreover, the Resolution No. ??-374 establishes the procedure according to which:
a) supervisory authorities:
- notify the business entity of the start of inspections carried out on the basis of the results of the "risk-analysis" system, no later than 10 business days in advance;
- are not entitled to re-inspect the subject and object for the previously verified period of activity of the business entity and demand documents previously presented by the business entity;
- carry out preventive measures for business entities on the basis of schedules agreed with the Commissioner for the Protection of the Rights of Entrepreneurs, in the form of seminars, public discussions, speeches in the media, organizing "open day" events, as well as by providing handouts and manuals, sending recommendations and messages without interfering in the financial and economic activities of business entities;
b) business entities have the right not to allow officials of regulatory bodies to enter their territory for inspection in cases where:
- the order to conduct an inspection has not been formalized in the prescribed manner;
- the check has not been coordinated in accordance with the established procedure with the Commissioner for the Protection of the Rights of Entrepreneurs or he has not been notified about it;
- there is no special certificate giving the right to check the activities of business entities;
- they evade entering information into the Book of Registration of Inspections.
It should be noted that starting from January 1, 2023, the supervisory authorities are prohibited from conducting inspections of the activities of business entities for functions that are not included in the register of state supervisory functions in the "Unified State Control" information system.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.