Ulyanovsk region is piloting a new supervision model

A package of proposals for the transition to a risk-based model was prepared in the Ulyanovsk region, which was included by the Russian government among ten pilot regions for the reform of control and supervisory activities. Without waiting for the adoption of federal regulations, the regional government intends to test the model with one of the regional supervisory agencies. Experts note that the greatest difficulties may arise in determining risk criteria and in the traditions of maximum punishment that have been preserved in supervisory agencies.

The government of the Ulyanovsk region has prepared a package of proposals for reforming the system of work of regulatory and supervisory authorities. This was stated by the regional governor Sergei Morozov at a meeting of the government commission for the development of small and medium-sized businesses.

As Deputy Minister of Economic Development of the region Vadim Pavlov explained to Kommersant, the Ulyanovsk region, among ten other regions of Russia, became a pilot site for a project to introduce a risk-oriented model of activity of control and supervisory authorities (at the same time, the Ministry of Emergency Situations of Russia, the Federal Tax Service of Russia, Rostrud were chosen as pilot departments , Rostechnadzor, Rospotrebnadzor and Rosselkhoznadzor). We are talking about a system of control and supervisory activities, when, depending on the degree of risk of violations, the number and scope of inspections of companies are distributed from maximum attention to the company with a high risk to exemption from inspections with minimal risk; the sanctions applied may also depend on the degree of risk. in case of violations. Similar models are used in a number of Western European countries. The most important component of the risk-oriented model is the transition in the activities of control and supervisory authorities from punitive measures to preventive ones (the need for which was announced by the Regional Entrepreneurship Development Corporation and the Ulyanovsk Association of Entrepreneurs more than two years ago).

It is worth noting that in reality the pilot project is not yet being implemented, since a ready-made document or at least a road map for it does not yet exist. In fact, the project for reforming control and supervisory activities is being formed “from below”, based on specific proposals from pilot regions. According to Mr. Pavlov, the road map for reforming control and supervisory authorities “is now being developed by the government of the Ulyanovsk region together with the Open Government of the Russian Federation (Minister Mikhail Abyzov) and will then become a model for all regions,” explained Mr. Pavlov (in the second half of June, a discussion of the model road project is expected cards at a meeting with Deputy Chairman of the Russian Government Dmitry Kozak). In fact, the Ulyanovsk region, having begun attempts to introduce such a model earlier than others, took on the leading role. “Ulyanovsk is even more of a pilot in this pilot group than other regions,” Mr. Pavlov sarcastically said.

As noted at the meeting, the Ulyanovsk region has already prepared a package of proposals for the transition from punitive to preventive measures - a list of articles of the Code of Administrative Offenses in which it is necessary to introduce such a sanction as a warning in case of minor violations (it is noted that when conducting initial inspections it is necessary to completely exclude imposing fines, replacing them with orders to eliminate deficiencies). However, as noted by the First Deputy Prime Minister of the Ulyanovsk Region Government, Alexander Smekalin, the current Law No. 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control...” does not allow the introduction of a risk-based model in the territory of one region, and the draft of a new law on supervisory activities, prepared by the Ministry of Economic Development of the Russian Federation, so far has many complaints from experts and the business community, “and one cannot expect the adoption of this law in the near future.” In such conditions, he said, the path of “direct implementation of a risk-based model in regional departments” was chosen. A draft document on reforming the control and supervisory activities of the veterinary department has been sent to the governor for approval, based on the results of which further decisions will then be made.

It is assumed (taking into account the opinions of supervisory authorities) that there will be three risk groups of supervised companies - high, medium and insignificant (in total, as proposed, the number of risk groups should be no more than eight). Attribution to risk levels will be determined by criteria (from several to ten or more, the number is not regulated). As the administrative support department of the regional Ministry of Economic Development explained to Kommersant, after preparing the documents for the regional pilot project, appropriate lists of all business entities by risk levels will be generated, and each of them will be able to learn about their position and assess how frequent and serious the inspections will be, and what needs to be done to move to a lower risk group. “But there will definitely not be a deterioration in the situation of entrepreneurs,” noted department director Evgeny Artemyev.

According to Mr. Pavlov, a conference call chaired by Prime Minister Dmitry Medvedev will be held in September, where instructions will be given for the implementation of the road map in Russia, and, perhaps, real testing of the pilot project will begin in 2016.

Meanwhile, experts from the business community note that the process of implementing the project will not be easy, and one will still have to face “a number of problems.” “In order to start a pilot, you must first come up with it, and it’s extremely difficult to come up with it at the first stage,” notes the chairman of the regional branch of Opora Russia, Ruslan Gainetdinov. In his opinion, the difficulty will be that “the appearance of any fork in the criteria leads to the fact that supervisory authorities will traditionally use the maximum penalty,” but “how to determine the degree of a particular violation, what percentage of the kiosk is contaminated and when it was soiled by a passing car - a problem.” “To present all this in a language that does not allow for double interpretation—that is the most difficult task. With good intentions, you yourself know where the path is laid out. But it won’t be any worse than now,” the representative of the entrepreneurs emphasized.

Sergey Titov, Ulyanovsk

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