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New register of control activities

New register of control activities

LEGAL DIGEST, NEWS \ 24.05.2021

The Government of the Russian Federation has approved a Resolution defining the rules for the formation and maintenance of a unified register of control and supervisory activities. This register will replace the existing unified audit register.

According to the text of the document, the new register will include the following information:

  • control activities carried out (type, date, place), special state control regimes;
  • measures to terminate identified violations of mandatory requirements and to eliminate their consequences;
  • certificates of the control activity;
  • decisions of the supervisory authority made on the basis of the results of inspections;
  • progress and results of the plan of carrying out scheduled and unscheduled control activities;
  • prosecution based on the results of the inspection, indicating the legal acts establishing liability for the identified violation;
  • type of punishment, amount of penalty (if any);
  • complaints against decisions of supervisory authorities filed using the information system of pre-trial appeal.

For more information about the scope of information and the deadlines of entry into the register of control activities, see the Appendix to the Resolution No. 604 of the Government of the Russian Federation dated April 16, 2021.

The register will start operating starting from July 1, 2021. The register will be maintained by the bodies of the General Prosecutor’s Office of the Russian Federation. Starting from this period, the supervisory authorities will not be able to conduct inspections if information about such inspections is not entered in the register in a timely manner.

Access to the information published in the register will be provided through authorized access to the unified State services portal. Through the personal account, organizations will be able to follow up all information about upcoming inspections, see the decisions made based on the results of past activities, and appeal such decisions in pre-trial order.

The procedure of pre-trial appeal of decisions of supervisory authorities is carried out within the framework of the experiment of the Government of the Russian Federation and is applied to the work of 62 control activities carried out by such government departments as the Federal Tax Service, the Ministry of Labour and Social Protection, the Federal Service for the Supervision of Consumer Rights Protection and Human Welfare (abbreviated in Russian as “Rospotrebnadzor”), the Ministry of Industry and Trade and others. Starting from January 1, 2023, the mechanism of pre-trial appeal is planned to be made mandatory for all types of control, which are regulated by Law No. 248-FZ.

A special service on the State services website allows to file a complaint with the government department, monitor its consideration and interact with officers without a personal visit. There will be no fee for filing a complaint. The deadline for filing a complaint is 30 calendar days from the date when the company found out about the violation of its rights.

The term of consideration of the complaint is not more than 20 working days from the date of its registration. The authorized authority has the right to request from the organization additional information and documents related to the subject of the complaint. Failure to receive such information is not a reason for refusing to consider the complaint.

Based on the results of consideration of the complaint, the decision of the supervisory authority may be cancelled, suspended, or left without satisfaction. Such a decision is placed in the organization’s personal account not later than one working day from the date of its making.

In the matters of conducting inspections by the supervisory authorities and preparing for them, please contact Acsour experts.