On October 31, the Government, in the framework of the seventh meeting of the so-called "deregulation Cabinet of Ministers", approved new criteria for determining the degree of risks for conducting inspections by government monitoring bodies.
"We do not want the inspection bodies to constantly interfere in the activities of enterprises, scuttle through the corners, demand bribes for non-existent violations. We want controllers to effectively prevent tragedies that are the result of negligence. Therefore, we switched to determining the risk exposure in business. If the business is characterized by low risk exposure - the controller comes to check the business every 5 years. If high - no more than once every two years", expalined Stepan Kubiv, First Vice Prime Minister/ Minister of Economic Development and Trade of Ukraine, in his presentation in the framework of the Government sitting.
The main problems of carrying out state inspections today are the ineffective allocation of efforts and resources of the controlling bodies, excessive pressure on business, which has a very negative impact on the business environment in the country, as well as insufficient work with certain risks, and the the failure to remove them can potentially pose a threat to life and health of both employees of enterprises and institutions, and consumers of their products or services.
First Deputy Minister of Economic Development and Trade of Ukraine Maxym Nefiodov, presenting changes in the criteria for determining risks in the conduct of inspections, said: "Business climate - is the quality of the rules and regulatory criteria, as well as who and how verifies compliance with these criteria. A risk-exposed approach involves veryfying actual business risks identified by clear rules and criteria, with determining types of businesses that are more risk-exposed and less risk-exposed. We focus the attention of our inspectors on those objects the activities of whose bear the greatest risks. Today, the Inspection Portal, which has proved itself to be a powerful source of open data concerning already conducted inspections and detected violations, as well as planned inspections, already operates in a pilot mode. 73% inspections are finding today violations, and this trend is positive, since until recently in many cases violations were recorded in 99% cases."
Proposed by the Ministry of Economic Development and Trade of Ukraine risk-oriented approach to inspections allows:
• to establish clear requirements for determining the degree of risk from the conduct of such activities;
• to introduce a more detailed and systematic approach to the assessment of the activities of business entities;
• to ensure optimal redistribution of the attention of state supervision bodies (control) from less risk-exposed business entities to more exposed;
• to contribute to the improvement and simplification of the system of state supervision, to increase objectivity, transparency and impartiality of the implementation of state supervision (control) measures.
Such an approach also involves expanding the list or, conversely, lifting the risk determining criteria for specific areas of activity.
The new criteria for determining the degree of risk are introduced for the following areas: licensed educational activities, electronic identification and trust services, cryptographic protection and technical record of information, nuclear and radiation hazards, urban development activities, construction of medium and high impact class facilities, industrial harvesting of aquatic biological resources, assessment of compliance with the requirements of technical regulations, use of intellectual property rights objects, study and use of subsoil.
A more detailed information can be found in the presentation (ukr).
Acts were developed under support of the BRDO (Better Regulation Delivery Office).