Standard for comprehensive prevention of mandatory violations. The standard for preventing violations of mandatory requirements will be supplemented with interactive services.

The project committee of the priority program “Reform of control and supervisory activities” reviewed and approved the standard for comprehensive prevention of violations of mandatory requirements and considered it necessary to supplement it with interactive services, which should be normatively established by May 1. Lists of performance and efficiency indicators by type were also approved state control(supervision) carried out by three control and supervisory authorities - Rostechnadzor, FAS, FCS. By October 31, all 12 supervisory agencies participating in the priority program must approve such KPIs by their orders. In addition, it was decided to develop clear instructions on the procedure for using checklists, and as they are implemented, a transition period will be introduced for analyzing the work. You can submit your proposals for working with checklists until December 15. The meeting was chaired by the Russian Minister for Open Government, Mikhail Abyzov, who oversees the implementation of the reform of control and supervisory activities.

The standard for comprehensive prevention of violations of mandatory requirements was developed by the Ministry of Energy together with the Government Analytical Center, experts and the Social and Business Council created under the project committee. All supervisory agencies are recommended to identify a deputy manager responsible for prevention and make changes to their documents related to prevention, based on what is proposed in the standard. The document itself will be shortened, supplemented with interactive services explaining how to use this standard and how to apply it.

It is necessary to prepare proposals for the development of federal and industry interactive services, prevention services for use by personnel and inspectors. Supervised entities should be able to use clear presentation materials about how to use the standard, perhaps in the form of interactive pictures, because prevention for them is the opposite mirror of what we do here. Also, within a month, it is necessary to hold a general seminar-meeting on the standard with the participation of inspectors from federal and territorial supervisory authorities,” noted Mikhail Abyzov.

In addition, the minister recommended identifying two bodies by March 1 where the standard will be applied literally manually in order to assess the quality of its implementation. Thus, before May 1, you need to have time to add to the standard necessary changes, additions and consolidate it accordingly, the minister explained.

The lists of performance indicators were discussed in detail with experts and working groups of the Social and Business Council, which include entrepreneurs and officials. It was decided to further study certain comments, for example, comments regarding the list of the Ministry of Internal Affairs with an indicator in the field of security traffic: in particular, the department opposes the inclusion of material damage from road accidents in the indicators, since the determination of damage from road accidents is within the scope of work of insurance companies, and the internal affairs bodies do not have the corresponding statistics.

Minister Mikhail Abyzov, in turn, recommended that the project committee prepare proposals on this issue, taking into account industry and interdepartmental statistics.

We need to look and analyze what information Rostransnadzor has access to. In any case, it is necessary to move in this direction, because now the entire insurance system is becoming transparent. It would be good to hold a discussion on the basis of the Ministry of Internal Affairs related to departmental statistics, the boundaries of responsibility, interdepartmental determination of risks, with the participation of consumers of this supervision and the regions where primary statistics are recorded,” suggested Mikhail Abyzov.

In the question of normative legal acts, establishing the use of checklists, it was decided at the initial stage to introduce a transition period for businesses and controllers to give them the opportunity to familiarize themselves with the checklist forms in order to avoid risks.

By July 1, 2018, all supervisory activities regarding businesses must be transferred to checklists, which will be pre-published in an open and understandable format. After each translation, if necessary, a transition period for understanding can be established. From October 1, we are launching the first batch of checklists, which will be used by the first supervisory authorities. We will carefully analyze this experience; the next batch of checklists will be sent on January 1. At the same time, at any time before December 15, it will be possible to add additional offers“, the Social and Business Council and the Ministry of Justice will deal with this,” Mikhail Abyzov supported the idea.

Rospotrebnadzor and the Ministry of Emergency Situations are the only supervisions that conveniently decomposed checklists according to the nature of the business entity under supervision, each with its own checklist: hairdresser - checklist, trade - checklist, catering - checklist. This is what the picture should ideally look like. Not all supervisions can do this, but we must strive for individualization,” the minister emphasized.

In his opinion, what these departments did for supervised subjects is exactly what work on checklists should look like in the future.

Here everything must be informatized: the supervised object goes to their profile, fills out a questionnaire of 15 questions, identifies themselves, and receives a checklist of the requirements that they must meet. And all this is done online. It is necessary to transfer the entire base of requirements onto information tracks,” added Mikhail Abyzov.

The protocol decision instructed the control and supervisory authorities to refine the checklists based on existing comments, and also, when introducing checklists, to conduct a monthly analysis of their application to identify facts of excessive administrative pressure, outdated and excessive mandatory requirements, with subsequent amendments to the checklists. The analysis of relevant activities will be carried out by the Government Analytical Center.

The experts once again drew the attention of the heads of supervisory departments to the need for intradepartmental work with the inspection staff and with territorial authorities, clarification of the procedure for enforcement of checklists.

The Minister of the Russian Federation addressed the Government Analytical Center with a proposal to develop simple, understandable instructions for these purposes, presentations on the procedure for using checklists, and each department should have these instructions. In addition, authorities, together with the Ministry of Telecom and Mass Communications, need to consider the possibilities of using modern IT solutions when working with checklists in order to ensure transparency and increase convenience for both inspected subjects and inspectors.

In conclusion, the project committee reviewed and approved “road maps” for updating, optimizing and eliminating mandatory requirements in the areas civil aviation, retail and food production. However, experts came to the conclusion that these documents contain problematic requirements: there are both technologically and morally outdated requirements.

According to State Secretary, Deputy Minister of Justice of the Russian Federation Yuri Lyubimov, some of the cards have a very high value for the business community. For example, says Lyubimov, an outdated requirement in the field of licensing alcoholic products, where, according to calculations by the Ministry of Justice, savings could amount to more than 1 billion rubles per year. Or the point of changing the procedure for working with biological waste by clarifying the regulatory characteristics of biological waste, which were supported by Rosselkhoznadzor - here there are savings in retail chains will amount to more than 4 billion rubles per year, the Deputy Minister emphasized.

In turn, Mikhail Abyzov emphasized that this is the first experience of working with mandatory requirements.

All draft road maps have been sent to the Social and Business Council.

The priority program “Reform of control and supervisory activities” is included in the number of projects that are being implemented at the site of the Presidential Council for strategic development And priority projects. The passport of the priority program “Reform of control and supervisory activities” was approved at a meeting of the Presidium of the Presidential Council for Strategic Development and Priority Projects, which was held on December 21 under the chairmanship of Russian Prime Minister Dmitry Medvedev. The passport of the priority program identifies three key goals of the reform: reducing damage to state-controlled risks, reducing the administrative burden on business and improving the quality of the entire system of state control. The document also spells out the target results of the reform in relation to specific deadlines.

The reform of control and supervisory activities has already begun to bring the first positive results. For a number of types of control (supervision), criteria have been developed for classifying subjects of state control (supervision) as risk groups as part of the implementation of a risk-based approach, as a result of which, starting from 2018, the frequency of scheduled inspections will depend on the degree of danger of the object and the likelihood of harm occurring. For federal executive authorities - participants in the project, performance and efficiency indicators are approved, aimed at reducing the number of deaths and injuries, and reducing material damage.

For a number of federal executive authorities - participants in the project, starting from October 2017, the obligation to use checklists (checklists) when conducting scheduled inspections comes into force. In this case, the subject of inspection is limited to the requirements set out in the checklist. In parallel with this, the work of expert working groups continues together with interested federal executive authorities and the Ministry of Justice to revise mandatory requirements in order to cancel redundant, outdated and duplicative requirements.

Minister Mikhail Abyzov, together with the heads of federal executive authorities, territorial federal executive authorities, and heads of constituent entities of the Russian Federation, carried out a large number of public balance sheet events on issues of law enforcement practice.

The Ministry of Economic Development of Russia as part of the implementation of the passport priority program " Reform of control and supervisory activities» the Standard for Comprehensive Prevention of Violations of Mandatory Requirements was approved.

The main goal of the Standard is to ensure the systematic implementation of preventive measures in the current activities of control and supervisory authorities. The adopted document summarizes the existing experience of preventive work of control and supervisory agencies, foreign experience And methodological developments.

The measures provided for by the Standard are aimed at:

Prevention of violations of mandatory requirements;

Preventing the risk of harm and reducing the level of damage;

Elimination of conditions and reasons conducive to violation of mandatory requirements and causing harm to legally protected values;

Formation of models of socially responsible, conscientious, legal behavior of controlled entities;

Increasing the transparency of the control and supervisory system.

In addition to the already existing preventive measures that are regulated Federal law dated December 26, 2008 No. 294-FZ, the Standard provides for a number of new tools. These include measures aimed at:

Clarification of control procedures;

Incentive events (informing about control results);

Interactive services, mobile applications;

Pre-trial (out-of-court) appeal mechanism;

Transition from the list of regulatory legal acts to the list of mandatory requirements.

It should be noted that the Standard will be refined and supplemented as legislation develops and the practice of applying preventive measures accumulates.

The Standard applies to all federal authorities that participate in the implementation of the program to reform control and supervisory activities. In addition, the document can be used executive bodies state power and local government bodies of the subjects Russian Federation.

You can view the document by following the link: http://ar.gov.ru/files/library/1506421794.src.docx-d

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On October 11 of this year, a seminar was held on the implementation of the Standard for Comprehensive Prevention of Violations of Mandatory Requirements, chaired by the Russian Minister for Open Government, Mikhail Abyzov. The event consisted of speeches by representatives central offices and territorial departments of departments participating in the Reform of control and supervisory activities. Federal service Veterinary and phytosanitary supervision was represented at the seminar by the Head of the Service, Sergei Dankvert.

The standard for comprehensive prevention of violations of mandatory requirements was approved in September by the project committee for the reform of control and supervisory activities. It sets out the principles of transition from a “stick” system to a partner system, from identifying violations that have already occurred to preventing them. The standard provides for the placement in the public domain of checklists - lists of check questions that inspectors use during inspections; consulting entrepreneurs and conducting public “balance sheet” events based on the results of inspections; encouraging conscientious entrepreneurs; introduction of a pre-trial dispute resolution procedure, as well as the use of tools public control effectiveness of control and supervisory authorities.

Mikhail Abyzov noted that a number of control and supervisory authorities had previously used some prevention tools, but an integral system of preventive measures, which would include training of personnel in the prevention of violations, elements of analysis of the effectiveness and efficiency of preventive measures, - in state system there was no control or supervision at either the federal or regional level.

“At the same time, both international practice and our general understanding of the tasks of control and supervision reform show that the balance of control and supervisory measures related to verifying compliance with mandatory requirements, and the balance of preventive measures aimed at preparing and training supervised entities to fulfill these requirements should significantly shift towards prevention. Just a year ago, according to our measurements, this balance was 90-95% in favor of our usual control measures, and only 5-10% were associated with preventive measures. Now our task is to radically change this balance. In the near future, the next 3 years, the share of preventive work in the work of the inspectors should be more than 50%,” the minister said.

According to Mikhail Abyzov, the nature of the relationship between supervisors and subjects is becoming a partnership. This is facilitated, among other things, by holding monthly discussions of law enforcement practice in the territorial bodies of federal departments, in which inspectors, entrepreneurs and regional leadership participate. The main task is not to identify and punish, but to prevent violations, eliminate the risk of damage and harm to life and health, the minister emphasized. To do this, it is necessary to explain to the business the intricacies of the regulatory framework containing the requirements.

The prevention standard Mikhail Abyzov recommended additionally presenting it in the format of “funny pictures”, infographics, visualizing it and making it understandable for inspectors and heads of territorial agencies. The minister noted that much attention will be paid to training employees of supervisory authorities in preventive work.

“This year we are rolling out a large program to train heads of territorial agencies and inspectors. A very ambitious task has been set for next year - to train more than 25 thousand inspectors remotely through a single training platform. Training does not mean forcing them to watch some presentations. This means conducting assessments and surveys that would show how effective this training is. The main thing is to make this tool not theoretical, but as practically oriented as possible,” emphasized Mikhail Abyzov.

Supervisory agencies need to develop annual programs for the prevention of violations, noted, in turn, the head of the department for supervision of compliance with the rights of entrepreneurs of the Prosecutor General's Office, Alexey Pukhov. These programs should not repeat what was written a year ago, they should change taking into account current practice, he pointed out. The Prosecutor General's Office, he said, will monitor compliance with the provisions of the standard.

The best practices of supervisory authorities for the prevention of violations will have to be posted on the portal for reform of control and supervisory activities control-nadzor.rf.

“This resource should contain a database of best prevention practices. It is necessary to oblige supervisory agencies to collect 5-7 best practices for their territorial bodies and upload them to the website. This will serve as motivation for other supervisory authorities,” says Mikhail Abyzov.

He also proposed holding a competition within a year among employees of state control bodies and awarding government diplomas to those who distinguished themselves in carrying out preventive measures.

The minister also spoke in favor of reviving the Soviet culture of posting posters about compliance with safety rules in different areas and showing relevant videos in public places.

The head of Rosselkhoznadzor, Sergei Dankvert, in turn, spoke about the problem of “state regulation that does not regulate.” Often the punishment for violations, according to him, is minimal, and the losses are disproportionately large. He also proposed analyzing the effectiveness of the RIA procedure, which, according to him, can be used as an instrument of corruption and lobbying.

“We must make the regulatory framework in such a way that we have a complete set of tools. Control must be reasonable and transparent so that, on the one hand, we ensure security, and on the other, we do not create elements of abuse, corruption and administrative pressure. What we need is not weak control, not repressive control, but smart control. Everyone must use their heads,” concluded Mikhail Abyzov.

The Deputy Director of the Department spoke about the Standard for Comprehensive Prevention of Violations of Mandatory Requirements, which was prepared during the reform of control and supervisory activities public administration Ministry of Economic Development of Russia Anton LEBEDEV.

The activities of any control and supervisory authority are not only inspections and fines, but also the prevention of violations. The inspector should not see business entities as potential violators. He must first of all assess the risks posed by the organization’s activities and prevent them not only through inspections, but also through clarification of legislation and informing supervised entities. To do this, you need to change the mentality of inspectors.

It is precisely this “service” model of control and supervisory activities that is included in the standard for comprehensive prevention of violations of mandatory requirements. It was developed by the Russian Ministry of Economic Development with the participation expert community as part of the implementation of the priority program “Reform of control and supervisory activities”.

The standard is key for the development of “service” control in the medium term, therefore, in terms of content, it meets several basic principles.

Firstly, this is the complexity of the standard. The document summarized practical experience in carrying out preventive measures in Russia and abroad, as well as methodological recommendations, developed during the reform of control and supervisory activities.

Secondly, detail. The standard specifies detailed requirements for the organization of preventive activities within control and supervisory authorities.

Thirdly, illustrativeness. The document contains in an accessible and understandable form specific examples from the practice of foreign and Russian control and supervisory authorities.

Fourthly, the prospects of the standard. It provides new forms and tools for preventive work that are not prescribed in current legislation, but also do not contradict it. Each control and supervisory authority can choose the most optimal ones for itself, based on the specifics of the type of control it exercises and the state of the controlled environment.

The standard should ensure the systematic implementation of preventive work in the activities of control and supervisory authorities. It is important to move on to preventing violations of mandatory requirements, prevent the risk of harm and reduce the level of damage to legally protected values, as well as eliminate the causes of violations and form a model of socially responsible behavior of regulated entities.

Work to prevent violations is partially ongoing. Law “On Protection of Rights legal entities And individual entrepreneurs in the exercise of state control (supervision) and municipal control" provides for the compilation of lists of legal acts containing mandatory requirements, informing regulated entities, holding seminars and regular generalization of the practice of control and supervisory activities, including a description of typical and mass violations of mandatory requirements. The legislation also provides for the issuance of warnings about the inadmissibility of violating mandatory requirements.

These tools have been further developed in the standard. The document describes how to approach compiling lists of violations and how to group them. This is due to the fact that typical and mass violations differ significantly not only depending on the type of control, but also on approaches to the classification of business entities.

Further development in the standard is the institution of so-called “checklists” or, using the terminology of the legislation, lists of checklists (checklists). The purpose of the “checklists” is to systematize the mandatory requirements for the needs of control and supervisory activities. By using them, a controlled entity can become familiar in advance with what will be assessed during the audit and what requirements may be applied specifically to its activities. Based on the “checklists,” it is planned to introduce mechanisms for self-examination of business entities to determine whether their activities comply with mandatory requirements. Rostrud has similar experience within the on-line resource onlineinspektsiya.rf.

In addition to existing prevention tools, the standard offers new solutions. This is, for example, an explanation of control procedures directly within the framework of an inspection event. One of the possible forms is holding an introductory meeting before the inspection, at which the content, timing, and individual procedural aspects are reported. This mechanism should create an atmosphere of trust between the controller and the supervised person, clearly outline the objectives of the inspection, its timing and progress.

Another fundamentally new mechanism is to stimulate the conscientious behavior of organizations. The most understandable analogy is a discount on fines for violating traffic rules. The introduction of such mechanisms requires legislative registration. But some measures can be taken now. We are accustomed to disseminating information about the negative side of government control: who violated what, who was held accountable, where the accident or poisoning occurred. Few people know about the same business entities that the state checked and found no violations. At the same time, tools for informing consumers about market participants already exist and are used in the commercial sector. These are all kinds of ratings of hotels or restaurants (on-line resources: booking.com, tripadvisor.ru). Similar practices can be used in the work of control and supervisory authorities.

It is also proposed to introduce tools for pre-trial (out-of-court) appeal of actions or decisions taken by control bodies. This is also, in a broad sense, an element of preventive work. Since the institution of pre-trial appeal is not regulated in Federal Law No. 294-FZ, in most cases, disputes with control and supervisory authorities are currently considered in accordance with Federal Law No. 59 “On the procedure for considering appeals from citizens of the Russian Federation” and relevant provisions administrative regulations. Only types of control with serious industry legislative regulation have independently prescribed pre-trial appeal procedures. Classic examples are appealing the actions of tax authorities in accordance with the provisions Tax Code or appealing the actions of the national accreditation body to the Appeals Commission in accordance with the provisions of the Federal Law “On accreditation in national system accreditation". Based on this, the standard, taking into account existing experience and judicial procedures, described a certain mechanism for pre-trial consideration: who and what can appeal, within what time frame, what evidence must be, in what form the appeal is carried out. In the future, it is possible to introduce an electronic pre-trial appeal platform.

The standard sets out the main organizational stages of its implementation. First of all, we are talking about identifying an official who coordinates preventive activities in the supervisory body, adopting the procedure for organizing preventive work, approving a program of preventive measures, making changes to organizational documents (provisions on structural divisions, job regulations, etc.), as well as on updating the site.

Organizing a system of preventive work is the task of the head of the supervisory body or his deputy. At the same time, I would like to emphasize that we are talking specifically about the organizational component; the inspector itself should be involved in prevention in the course of his daily control and supervisory activities. It is impossible to artificially separate those who go for checkups and those who are involved in prevention.

The preventive focus should be inherent in the control and supervisory activities themselves and have an “inclusive” character.

In addition, preventive measures must be included in the documents of the supervisory authority. For example, provisions on control management should be incorporated into the job regulations of inspectors.

Finally, each control and supervisory authority must adopt two guiding documents: a procedure and a prevention program. The procedure should contain a list of types of information that is collected for planning and organizing preventive work, the resources used to conduct it, the procedure for analyzing, assessing and forecasting the state of the controlled environment, monitoring the implementation of the departmental prevention program, interaction with territorial bodies on the implementation of preventive measures and so on.

The preventive work program is already being adopted in accordance with the provisions of Federal Law No. 294 “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control.” In 2018, control and supervisory authorities will need to incorporate the provisions of the Standard into it. A departmental prevention program, as a rule, may include analysis current state controlled environment, the main goals and objectives of preventive activities, taking into account the characteristics of the type of state control, approaches to the classification of controlled entities, a list of preventive measures, the timing of their implementation, target audience, indicators of completeness and quality of program implementation.

The development of the preventive component of control and supervisory activities does not occur simultaneously. You need to move quickly, but consistently. For this purpose, a general approach has been adopted related to the transition of authorities between the conditional “levels of maturity” of their departmental systems, be it risk management systems, performance or effectiveness assessment, or, as in this case, systems for organizing preventive measures. Based on this, the standard proposes three levels of development of departmental prevention systems.

In 2017-2018, zero maturity level is reached. It involves posting lists of legal acts containing mandatory requirements, measures to inform regulated entities, including through the preparation of guidelines for compliance with mandatory requirements, summarizing typical and mass violations of the law, introducing into the activities of the control body the practice of issuing warnings about the inadmissibility of violations of mandatory requirements, and also his use of checklists. In other words, this level involves the full use of already existing instruments provided for by law.

In 2018-2019, there is a transition to the first level of maturity of departmental prevention systems. At this stage, all of these instruments are differentiated according to the types of controlled entities and are periodically reviewed.

The meaning of the first level of maturity is the adaptation of prevention tools to the characteristics of controlled subjects. It is obvious that different groups of controlled entities require a different approach, taking into account not just the characteristics of their legal status(that is, the objectively existing differentiation of mandatory requirements), but also characteristics that describe their activities, the history of their lawful or unlawful behavior.

Fire supervision in the residential sector is one approach based on industrial enterprise- another, and in the hairdresser - a third. They work with a consistently conscientious subject under control in one way, and with a person who systematically violates the law - in another way. This will allow us to take a more targeted and therefore more effective approach to preventive measures. It also becomes clear that adaptation of prevention tools also means their periodic revision taking into account the changing characteristics of controlled entities, the development of a system of mandatory requirements for their activities, the results of control measures, and so on.

Starting in 2019, a transition to the second level of maturity of departmental prevention systems is planned. It involves fine-tuning preventive measures. In addition to the formal characteristics of controlled entities, which are taken into account already at the first level of maturity, the control body proceeds to assessing and predicting their behavior. This gives rise to a new class of questions - what motives guide the controlled entities, what incentives influence them or can influence them, what is their business model, history of behavior, characteristics of the industry in which they operate, relationships with counterparties, place in the market and much more. A certain typification of the indicated results of analytical work leads to a qualitative transition from isolated attempts to influence the behavior of a particular person to influencing segments of the controlled environment that are susceptible to a certain type of control and supervisory activity.

As a result, the boundary between prevention and inspection should disappear. In fact, we are talking about the fact that the control body selects, within a certain legislative framework, adequate instruments of influence on the market to achieve social significant results. The obtained results of control and supervisory activities become decisive when changing strategic planning documents, revising regulatory legal regulation relevant spheres of social relations.

It is this approach that will ultimately allow us to talk about a qualitative change in the system of state control, a transition in its construction to the principles of “smart regulation”.

The document was prepared by the Ministry of Economic Development of Russia together with representatives of the expert community and federal executive authorities as part of the implementation of the passport of the priority program “Reform of control and supervisory activities”, approved on December 21, 2016 following a meeting of the Presidium of the Council under the President of Russia for Strategic Development and Priority Projects. He summarized the existing experience of preventive work of control and supervisory departments, foreign experience, as well as methodological documents developed within the framework of the subcommittee on optimizing control and supervisory functions.

According to the Deputy Minister economic development RF Savva Shipov, the main goal of the standard is to ensure the systematic implementation of preventive measures in the current activities of control and supervisory authorities.

“Prevention should become an integral part of the work of any inspector, since the currently adopted “punitive” model of control and supervision does not allow us to effectively solve the problem of protecting socially significant benefits. The standard we have developed contains a new concept for the implementation of the regulatory and protective functions of the state, which provides for the prevention of violations of mandatory requirements and the widespread involvement of business entities in management processes,” noted the Deputy Minister.

In addition to existing preventive measures, which are regulated by Federal Law No. 294-FZ, the standard provides for a number of new tools. These include measures aimed at stimulating conscientious behavior, informing about control procedures, developing interactive services and applications aimed at business representatives, and much more.

“The standard is characterized by maximum complexity, detail and illustrativeness. This is not just a beautiful book that you can hang on a website and forget about it, but a tool real work controller, systematizing all forms of preventive work in one place,” explained Savva Shipov.

Another distinctive feature of the standard is its dynamism: it will be refined and supplemented as legislation develops and the practice of applying preventive measures accumulates.

The standard applies to all control and supervisory authorities that participate in the implementation of the program for reforming control and supervisory activities (Ministry of Internal Affairs, Ministry of Emergency Situations, FAS, Federal Tax Service, Rosselkhoznadzor, Rospotrebnadzor, Roszdravnadzor, Rostransnadzor, Rosprirodnadzor, Rostrud, Rostekhnadzor and Federal Customs Service). In addition, the document can be used by other federal executive authorities, as well as controllers at the regional and municipal levels.

At the first stage, these departments participating in the priority program will have to adopt a prevention program for 2018, identify an official responsible for the implementation of preventive measures at a level not lower than the deputy head, and accept guidance documents regulating the organization of internal preventive work.