The State Duma has launched a “satellite” of state control – Newspaper Kommersant No. 84 (7046) from 20.05.2021

The State Duma yesterday adopted in the second reading a draft law “companion” to the law on state control, ensuring the implementation of the latter in practice. The document introduces amendments to 132 sectoral laws. Next, regulators will have to develop regulations for each type of control – at the federal, regional and municipal levels – which will de facto become instructions for controllers. The Ministry of Economy expects that the unification of control and supervisory activities will provide the authorities with analytics to set up this area, and the department is also starting to simplify licensing.

Yesterday the State Duma adopted in the second reading a bill prepared to develop the law on state control. It should create the basis for the reform of control and supervisory activities (CPA) in the sectors. Recall that the key laws of this reform – on state control (“procedural”) and on mandatory requirements (“material”) – were adopted in the summer of 2020. Since then, the authorities have been working on creating a by-law base and setting up the CPV sphere in the concept of “evidence-based regulation”.

The document approved yesterday should unify the procedural part of the CPV – for this, amendments are being made to 132 federal laws. They fix the names of types and objects of control and specify the level of public authority authorized to carry out such control (federal, regional, municipal). On the basis of the adopted department, they will develop provisions on the types of control, which will be guided by the controllers. Compared to the first version, the bill has undergone significant changes: initially, amendments were made to 90 federal laws.

Olga Savastyanova, head of the Committee for Control and Regulation, who presented the project to the deputies, said that 306 amendments were received by the second reading, 116 of them were taken into account. Separate types of control are combined with common goals, their duplication is excluded, norms that contradict the basic law. The number of types of control has decreased 1.6 times.

The “satellite” project provides for mechanisms for further digitalization of the CPV – we are talking about the formation of a closed set of mandatory requirements for each type of control. “As a result, each control (supervisory) event will be tied to mandatory requirements and it will be possible to view statistics on violation of these requirements and draw management conclusions based on this, including the need to soften certain requirements,” the deputy head responsible for the CPV reform points out Ministry of Economy Alexey Khersonsev. Earlier, we will remind, the department approved a plan to revise the mandatory requirements, depending on their effectiveness. Flexible customization of the CPV should provide an updated register of control measures, which will take into account the data of pre-trial appeal and cases of the most frequent violations of requirements (see Kommersant dated March 5).

Changes in the draft adopted yesterday relate to licensing activities – the government has warned that the sphere will also fall under the “regulatory guillotine”. In the meantime, the project proposes to simplify the issuance of licenses for 44 types of activities: 24 of them are included in special types of federal control, 20 are independently regulated. The term for issuing licenses will be reduced by three times – to 15 days. At the same time, the document circulation is transferred to electronic form due to the introduction of a unified registry model in the field of licensing. So, the confirmation of the license will be an entry in the register, and not a paper document. At the same time, from 2023, licensing authorities will have to track the licensee’s data in third-party information systems and make changes to the register, which will save the latter from paperwork. It is assumed that the licensing amendments will come into effect from 2022, while the control and supervisory part will begin in July 2021.

Diana Galieva