Rules for Controllers

On 16.10.2009, the Head of State issued Decree No. 510 "On improving control (supervisory) activities in the Republic of Belarus", aimed at a radical reduction in the number of inspections conducted in our country and the creation of a proactive control system that does not hinder the implementation of business activity and initiative of economic entities.

A significant amount of time has passed since the issuance of the Decree. How are its provisions being implemented in practice today? What are the problems in the relationship between inspectors and the inspected? How rationally are the new control mechanisms being used? Are the requirements of the Decree being observed by officials of the controlling bodies themselves?

This was the subject of a constructive discussion at a joint meeting of the collegiums of the regional prosecutor's office and the Vitebsk Regional Committee of State Control, to which the main controlling and supervisory structures were invited.

On the one hand, during the period the Decree has been in effect, it has been possible to change the practice of planning inspections, establish order in the timelines for conducting control measures, and increase their effectiveness.

On the other hand, not all controlling and supervisory bodies are fully ensuring compliance with Decree No. 510, and errors and miscalculations are being made, caused by both objective and subjective factors.

Unfortunately, not all available reserves for reducing inspections have been utilized to date. Additional measures are required to strengthen the interaction between controlling and law enforcement agencies when considering issues of assigning inspections upon the instructions of law enforcement agencies. The number of unscheduled thematic, operational, and other control inspections needs to be optimized. The practice of conducting monitoring should be expanded.

A significant inspection burden on some enterprises and organizations in the region is noted (in some cases, 40 or more inspections per year), which can negatively affect the entrepreneurial activity of these economic entities as a whole.

A significant number of control inspections (appointed in accordance with Decree No. 510 to verify the elimination of violations identified during a previous inspection by the inspected entity) are carried out in the region, despite the possibility of studying the completeness of the implementation of issued orders to eliminate violations in another way, including during monitoring (territorial bodies of the Ministry of Emergency Situations, Ministry of Health, Ministry of Natural Resources and Environmental Protection, State Labor Inspectorate, State Technical Supervision Inspectorate).

When executing coordination plans, violations are allowed in terms of not submitting notifications to the Committee of State Control on the exclusion from coordination inspection plans, the need for which has disappeared (Ushachi District Executive Committee, RGOO "BFSO "Dynamo", Department of Antimonopoly and Price Regulation of the Regional Executive Committee, Vitebsk Regional Consumer Union).

Not all supervisory authorities comply with the deadlines for sending notifications about planned inspections.

The adoption of necessary measures to suppress and prevent violations of legislation due to the poor quality and/or superficial study of individual issues subject to inspection by inspectors is not fully ensured (Main Directorate for Veterinary Medicine of the Regional Executive Committee).

Cases of violation of the procedure for considering objections to inspection reports (certificates) and the procedure for making changes to these documents are not excluded, which violates the rights of the inspected organizations.

Not all information provided for by Decree No. 510 is always reflected in the inspection reports (Main Directorate for Veterinary Medicine, Vitebsk Regional Property Fund, Main Financial Department of the Regional Executive Committee, Main Directorate of the Ministry of Finance for the Vitebsk Region), which is of significant importance, since in accordance with Part 1 of Article 6.11 of the Code of Administrative Procedure and Enforcement, such inspection reports cannot be recognized as a source of evidence in the framework of administrative proceedings.

In a number of cases, there is a lack of proper control over the elimination of legislative violations identified during the inspection by the inspected entity, and violations are allowed when bringing the guilty parties to justice.

persons to administrative responsibility (institution "Scientific and Practical Center of the Vitebsk Regional Department of the Ministry of Emergency Situations of the Republic of Belarus", Vitebsk City Department of Emergency Situations, State Construction Supervision Inspectorate, Tax Inspectorate for the Vitebsk District).

Facts have been established of failure to take adequate measures to compensate for damage caused by violations of legislation, lack of proper interaction between regulatory bodies and criminal prosecution bodies and bodies conducting administrative proceedings.

 Some regulatory bodies do not ensure compliance with legislative requirements when organizing and conducting control measures in the form of monitoring (Vitebsk and Novopolotsk City Executive Committees, Chashniksky and Shumilinsky District Executive Committees, State Construction Supervision Inspectorate), including in terms of making decisions on conducting monitoring by unauthorized persons, failure to issue recommendations based on monitoring results, bringing an entity to administrative responsibility without providing an opportunity to eliminate violations, and documenting monitoring results.

Cases have been identified of failure by regulatory and supervisory authorities to fulfill their statutory obligations to enter all prescribed information on the results of inspections into the integrated automated system of control (supervisory) activities in the Republic of Belarus within the established time limits (Main Directorate of Veterinary Medicine of the Regional Executive Committee, Vitebsk Regional Forestry Association, Gorodok District Department of Emergency Situations, Regional Consumer Union, State Technical Supervision Inspectorate, Tax Inspectorate for the Pervomaisky District of Vitebsk).

Violations continue to occur when entering information on inspections into the inspection record books, as well as when entering records of issued orders into the relevant record books.

In the speeches of the Regional Prosecutor D.I. Dysko, Chairman of the State Control Committee V.V. Zaryankin, and other officials, it was emphasized that regulatory and supervisory bodies must organize and conduct inspections in strict accordance with Decree No. 510 "On Improving Control (Supervisory) Activities".

of the Republic of Belarus». To strive to ensure the maximum objectivity and preventive focus of the conducted measures, to achieve the actual elimination of identified violations of legislation, and compensation for the damage caused.

Based on the results of the discussion of the specified issue, the collegiums adopted a corresponding decision, the execution of which has been taken under control.

The Head of the Department for Supervision of Legislation Enforcement and Legality of Legal Acts of the Prosecutor General's Office of the Republic of Belarus, Maltsev A.V., took part in and spoke at the joint meeting of the collegiums.

Head of the Organizational and Control Department I.N. Bogachev

Prosecutor of the Organizational and Control Department S.A. Starovoitova