The Ministry of economic development has prepared a document to combat “cane system” all regulatory authorities. The draft presidential decree, which established the Department, introduced the criteria for assessment of activity of bodies of control and supervision. The latter include, for example, emergencies Ministry, interior Ministry, Roskomnadzor, Rosselkhoznadzor etc.
The document posted on the portal regulation.gov.ru nine indicators. So, the Ministry of economic development proposes to assess the performance of agencies by number of citizens killed or injured as a result of the phenomena, the removal of which directed their work. Among other criteria, the material damage caused to citizens, companies and state, harm competition, financial stability, defence, and cultural heritage and the environment. A separate issue is the damage to public morals.
A similar list was developed for the first time, reported the press Secretary of the Ministry Elena Lashkina. The Ministry of economic development in may conducted a pilot project on new approaches to evaluating the effectiveness of control. It was attended by seven Federal control agencies. The result was the decision to develop a presidential decree.
From a punitive system to a warning
Previously, regulatory authorities have evaluated only the number of inspections and amount of fines is “cane system,” said a member of the General Council of “Business Russia” Mikhail Rozenfeld and confirms laskina. “This approach encourages the inspectors to prevent damage, and to the mandatory identification of violations and punishment of entrepreneurs”, — said the press service of “open government”.
According to the Vice-President “Support of Russia” Marina bludyan businesses today have more than 650 thousand safety requirements: “the Entrepreneur knows that if they come to him relying, he must find something”. Criteria of good work of Supervisory body may be only the absence of deaths or cases of damage to health, the rest is secondary, categorical it.
The project aims to change the “cane system” and direct the organs of control and supervision in the achievement of socially significant results, said Lashkina. “The work of the regulatory bodies need to rebuild from the punitive system of protective, preventive and precautionary, to focus their work on prevention and damage prevention, not punishment,” — said at the investment forum in Sochi by the Minister for open government Mikhail Abyzov.
Now the control authorities often focus on the checks, ignoring the preventive measures, says Vice-President of the Russian Union of Industrialists and entrepreneurs (RSPP) Alexander Varvarin. It is necessary to move from indicators that characterize the control process, to those who say about the result for society, he said.
“How much have ruined what made”
Rosenfeld calls “the right idea” the emergence of new evaluation criteria of the Supervisory authorities. “The question is how it will be implemented in practice,” he says. This measure will help businesses optimistic bludan. Now the inspectors will be responsible for ensuring the safety requirements have been met: if checks and fines will be a lot of mortality will remain at the same level, it will mean that they do not work, she says. In practice, the auditors will stop coming to the small businesses, I’m sure bloudan: “What are they there to waste time if the risks are minimal?” It is necessary to check a large enterprise where you really can experience accidents, and now the inspectors will have a detailed consider how to reduce such risks to a minimum, he said.
In the list of Ministry is not an item of the material damage caused by the activity of the Supervisory authorities. “Support of Russia” in the summer, during discussion of the draft proposed by the Ministry to introduce such a criterion, bludan says: “I proposed to introduce KPI: how many organizations inspector ruined, and then he realised,” But the initiative was not supported — according to bloudan is motivated, in particular, the fact that such indicators are difficult to track.
Business representatives have repeatedly complained of unjustified inspections — this item is definitely worth to bring in legislation, I’m sure Rosenfeld: the company suffer losses already during the inspections, as employees are distracted by them, and after that enterprises impose additional sanctions. Without such a criterion, the document can be called a palliative, he said.
Let the courts decide
Assess the costs of business carried out in relation to inspection you need, but in the draft of the decree we are talking only about the criteria of effective control, indicates the Varvarin. In the future, you will also need to compare the inspection efficiency and the cost of its implementation. “Was it worth lowering the overall damage of 100 million rubles to be spent on the organization of the control of RUB 200 million?” — asks the expert. The next step, according to Varvarin, — eliminate inefficient controls.
However, the paragraph on costs of the companies from the actions of the Supervisory authorities is at the disposal of the government on the estimates of the effectiveness of control activities, reminds laskina. In addition, according to her, questions about property damage during inspections must be addressed in court.
While the draft decree is under public discussion. In the current version it should enter into force on 1 January, and the order of evaluation must be developed before August 15, 2017. For example, it is unclear how to assess “harm public morality” arising out of the work of control and surveillance, is now the approved method of calculation for this question do not exist, said Lashkina. An example of the actions of the Supervisory authorities, aimed at addressing the harm of morality, she calls the powers of Roskomnadzor to protect children from harmful information.