The Law on new rules of state supervision and control

LEGAL DIGEST, NEWS \ 30.08.2021

The President of the Russian Federation has signed a Law establishing new rules for the control and supervision of legal entities starting from July 1, 2021.

The main Federal Law that put the fundamentals for a new approach to control and supervision in the Russian Federation is the Law No. 248-FZ “On State and Municipal Control of the Russian Federation” dated July 31, 2020. This document is the subject of legal regulation, containing the principles, objects of control, information about the participants of control measures and the procedure for their implementation.

After that, the Law No.170-FZ dated June 11, 2021 was signed with amendments to certain statutory enactments owing to the adoption of Law No. 248-FZ. The purpose of such a Law is to bring the provisions of many federal laws into compliance with Law No. 248-FZ. It is about the Law No.170-FZ that we will discuss further.

The document contains 138 articles and amends more than 100 Federal laws, for example: the Consumer Right Protection Law, the Law on Personal Data, the Land Code, the Law on Education, and so on.

The new versions of the articles for each type of control establish its name specifying its attribution to one of the three types:

• federal, state control;
• regional state control;
• municipal control.

For each type of control, its subject is established ‒ this is a set of mandatory requirements, part of which may be license requirements.

It is important to note that the Law No. 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control and municipal control” dated December 26, 2008 will become invalid starting from January 1, 2025. Until the specified date, its provisions apply only to:

• 15 types of control and supervision that are not included in the subject of regulation of Law No. 248-FZ (among them control in the field of migration legislation, as well as control over compliance with the requirements of antimonopoly legislation);
• notifications about the beginning of certain types of business activities.

Large-scale changes in the control rules have occurred in the implementation of activities subject to licensing in accordance with Law No. 99-FZ. Such changes include:

• substitute of an unscheduled check of a license applicant with an assessment of compliance with license requirements as a state service;
• possibility of periodic confirmation of the licensee’s compliance with the license requirements with the exception of scheduled checks (applicable to companies that produce medicines or organizations that provide installation or maintenance operation services);
• establishing the priority of electronic submission of an application for a license to the licensing authority;
• possibility of reduction the license grant term and other.

The Law also takes into account the new powers of the bodies of the Prosecutor General’s Office of the Russian Federation to coordinate the conduct of unscheduled control measures. The document also contains provisions that supplement the requirements of Law No. 248-FZ on control and supervision. In particular:

• rectification of the regulation of control objects;
• rectification of the procedure for pre-trial appeal;
• amendments to the regulation of particular control measures ‒ selective control, monitoring of compliance with mandatory requirements, on-site examination;
• changes in the procedure for considering objections to certificates of control measures, as well as the adoption of a repeated (after non-execution of a previously issued one) decision.

In the matters of the application of the provisions of Law No. 170-FZ regarding the activities carried out by your company, please contact Acsour specialists. We will advise you on issues directly associated with the procedure for conducting state control by the relevant authorities.