The opinion of the Commissioner will be taken into account during the pre-trial appeal of the results of business inspections.
On Tuesday, the Commissioner for the Protection of the Rights of Entrepreneurs in Moscow Region Vladimir Golovnev held a plenary session of Expert Council, dedicated to the implementation of the Federal Law No. 248-FL «On state control».
The event was attended by heads and representatives of control and supervisory and law enforcement agencies, relevant ministries, prosecutors, lawyers, business community leaders and heads of reception offices of the Commissioner in the municipalities of the Moscow Region.
The participants of the meeting discussed the main provisions of the law, its shortcomings, and the expected difficulties of its implementation. Attention was paid not only to the opinion of representatives of the business community, but also of state bodies.
"It is too early to talk about the positive or negative aspects of the law, since there is no law enforcement practice. But business already has a lot of questions: how the new law will work, whether it will entail an additional burden. Along with the control and supervisory authorities, we tried to convey to the business community the main approaches of each department and what types of verification measures will be carried out, what to do in a case of disagreement with the results”, commented the Moscow Business Ombudsman.
Vladimir Golovnev had emphasized in his speech an important point that enshrined in Federal Law No. 248-FL. This is the mandatory procedure for pre-trial appeal of decisions, actions and inaction of regulatory bodies and their officials. Article 41 of the 248-FL provides that the position of the Commissioner may be attached to the complaint.
According to the regional Commissioner, the state bodies present at the meeting readily agreed to take into account the opinion of the Business Ombudsman during the proceedings, as well as to invite entrepreneurs to participate in appealing decisions and actions of officials of control and supervisory bodies. "We will closely monitor the implementation of the new law. Moreover, in August, Boris Titov, the Presidential Commissioner for the Protection of the Rights of Entrepreneurs, instructed to monitor complaints of entrepreneurs against control and supervisory bodies arising from the implementation of Federal Law No. 248 by the authorized persons in the subjects.
This information is provided monthly and subsequently sent to the Prosecutor General's Office. Based on the current practice, we will look at whether there is a need to finalize the law or it acts immaculately. Because business should be focused not on paperwork, but on its direct functions – development, creation of new jobs, promotion of its products not only in the Moscow Region, but also far beyond its borders" -Vladimir Golovnev summed up the meeting.