Plan failure: why the moratorium on inspections will not help entrepreneurs

The need of monitoring of inspections of businesses entrepreneurs talked for a long time — in the end, President Vladimir Putin has listened to the requests of the business community and this year introduced a three-year moratorium on planned inspections of small businesses. However, this measure may not be as effective, because most checks are now out of the plan. According to the Prosecutor General that , in 2015, the unplanned character was two-thirds of all business inspections.

Not according to plan

The majority of inspections of businesses — 66 percent — in 2015 year has been planned in advance, said the official representative of the Prosecutor General Aleksandr Kurennoy. In 2015, regulatory authorities have conducted a total of 1,994 million checks — 8% less than in 2014 (when the business checked 2,17 million times). The number of unscheduled checks has declined by about 100 thousand (up to 1,32 million), but their share has even increased.

The last two years testing business smoothly flow in from planned unplanned, says first Vice-President of “OPORA Russia” Vladislav Korochkin. “Where we abbreviate them according to the plans, they immediately grow out of the plan,” spoke last month about the inspections Deputy Minister of economic development Oleg Fomichev. The head of “OPORA Russia” Alexander Kalinin in January, Putin told the business forum that although routine inspections for three years canceled, “but in arithmetic progression grow unscheduled inspection”.

Statistics of the Ministry of economic development differs from the data of the Prosecutor’s office, but confirms the increase in the share of unscheduled inspections. If in 2013 for unplanned accounted for 49% of all inspections, in 2014 the proportion had jumped to 56%, and last year reached 59%. In 2015 824 thousand of scheduled inspections had 1 million 180 thousand unplanned events (excluding inspections at the municipal level, the data on which the Ministry of economic development yet), said the representative of Department Elena laskina.

Oleg Fomichev reported in February that the Ministry of economic development included in the crisis management plan the reduction in the number of unscheduled inspections of small and medium business by 30% in 2017, but in the final version of the plan approved by the government on 1 March, this item was not.

Main inspection

Leaders in the number of inspections carried out in 2015 remained, as before, the CPS and the MOE, which accounted for almost 33% of all checks, according to the materials of the Prosecutor General. According to the Minister, the MOE spent about 395 thousand checks, and the CPS — 266 thousand Rospotrebnadzor and the Ministry of emergency situations more often than other agencies address the Prosecutor’s office and coordinated dawn raids, to the reply of the Prosecutor General.

These agencies have always been at the head of the list because they had the most control, says Vladislav Korochkin of OPORA. MOE checks almost every object, every building, basically we are talking about fire safety, but sometimes the monitoring of hazardous production objects, he explains. The CPS is responsible for all kinds of consumption: non-food consumption, food stands, schools, hospitals, protection of the rights of consumers and sanitary conditions of workplaces and premises, and enumerates Korochkin.

For the period 2010-2015 total number of inspections decreased in 1,5 times, including scheduled inspections — 1.7 times, unscheduled — 1.4 times, the ratio of scheduled and unscheduled inspections remains at the same level: 60% unplanned and 40% of the plan, said the representative of Rospotrebnadzor. A large number of unscheduled inspections for 2015 is due with the orders of the government of the Turkish food and the sale of tours to Turkey in 2014 on “antisanti” (the number of items of food, including fish products, wine, milk and dairy foods), indicates a source close to the office. The representative of the Ministry has not responded to the request .

On complaints anonymous

Unscheduled inspections can be conducted without the consent of the public Prosecutor if the violation may endanger the health or life of a person. “Under this definition may apply to any violation, says Korochkin. — The most common reason for unscheduled inspections is complaints. Approximately 8-10% say that they come with checks five or more times a year, 6-8% of all checks are initiated for the purposes of the competition and even weaning of the business,” he says.

In 2015, regulatory authorities have conducted nearly 1.3 million unplanned inspections without the approval of the Prosecutor’s office, said the representative of the Prosecutor General. While productivity remains low, he admits: for 2015, the authorities have adopted regulations 972 thousand, of which 535 thousand was unscheduled inspections. To administrative responsibility attracted 586 thousand people and 300 thousand companies. One of the violations during inspections the representative of the Prosecutor General calls unfounded checks on anonymous complaints.

“We gave examples when they receive a complaint signed by “Helmut Kohl” — from the life situation. However, if this complaint is registered and it says something about a threat to life and health, the inspection body shall come”, — complained the head of “OPORA Russia” to the President in January.

The government is currently working on solving this problem. Work is underway with the mandatory identification of the applicant, which is the basis for the audit, said the representative of the Ministry of economic development. The exception of anonymous complaints as reasons for unscheduled inspections will require changes in legislation, now the bill is under development, she said.