On September 23rd of 2020 took place an Expert Council meeting of the Moscow Region Commissioner for the Protection of the Entrepreneur's Rights.
The Moscow Region Business Ombudsman Vladimir Golovnev held a plenary meeting of the Expert Council in the Moscow Region Duma. The participants discussed a development methodology for Index " Administrative pressure - 2020. The Moscow Region", considered the issues related to authority application and protection methods for small and medium business in 2020 year.
The Moscow Region Business Ombudsman Vladimir Golovnev started with welcoming address and special report "The state protection guarantee realization for entrepreneurs in Moscow Region during Coronavirus pandemic period (March - August 2020)".
As Vladimir Golovnev informed, there has been an increase in business applications for the rights protection in Moscow Region during the Coronavirus pandemic when business was practically paralyzed.
"The Coronavirus pandemic has impacted on both the subject matter of the applications and its quantity. Over 6 287 appeals the Commissioner has received for 7 months of 2020 year. It worth noting that there were only 825 appeals for the same period in 2019 year. Work was carried out almost 24 hours a day. 37 public receptions of Commissioner's in 49 municipalities of the Moscow Region were operated at the end of March 2020 when restrictions measures were implemented.
Having used all available communication ways, the public receptions responded to business questions locally and remotely. Up to 5 601 applications were received from March to July 2020 (5 871 in total for 7 months). The most of them were related: 55, 4%- the issues of explanation of restrictions imposed, 33,9%- mitigation requests, 10,7%- the proposals to current legislation. They focused mainly on the extension of the list of industries most suffered during the Coronavirus pandemic. The most frequently asked questions during pandemic: how to get the state assistance (subsidies, soft loans for wages, job sustain), tax and social payments delay, transferring business to online during self-isolation period"- informed Vladimir Golovnev.
He also had illustrated the intensity and operation mode of the Commissioner's institute during the Coronavirus pandemic, using as an example work of public reception in Ramenskoe urban district of Moscow Region.
"80 entrepreneurs were helped with documents for renewal their activities, 98 entrepreneurs - with documents for loans and subsidies. Over 800 entrepreneurs were consulted by telephone with recommendations sent by email.
In particular, a legal assistance was provided for staff authorize pass, ensure working Standards and sanitary rules, the OKVED changing, subsidies getting and other issues "- informed the Moscow Region Business Ombudsman Vladimir Golovnev.
The subject of applications incoming, except the ones related to the Coronavirus pandemic, is as follows: law enforcement activity - 18,3%, land and property relations - 17,4%, administrative obstacles - 15,5%, state procurement violations - 13,6%, taxation - 10, 6%, non-stationary trading - 9,8%, supervision - 4,5%, municipal services - 3%, transport - 3,3%, advertising - 0,8%, construction - 0,8%, other issues - 3,4%.
During his statement, the Ombudsman showed examples of effective interaction between Commissioner's institute and related departments and ministries, interdepartmental entities - the Moscow Region Office of the Auditor General, the Headquarters for development of Moscow Region economy, the Moscow Region Tax Office, the Moscow Region Ministry of Agricultural, the Moscow Region department of Rospotrebnadzor, the Moscow Region Ministry of property relations, the Moscow Region department of Rosreestr, the Presidential Commissioner for the Protection of the Entrepreneur's Rights Titov B., the Moscow Region Chamber of Advocates, the Commerce and Industry Chamber of Russian Federation.
A major issue for discussion was a method of creating an Index "Administrative pressure - 2020. The Moscow Region".
The Presidential Commissioner for the Protection of the Entrepreneur's Rights Titov B. provides annual report of study "Administrative pressure" to the President of Russian Federation Vladimir Putin. This Index describes an interaction between business and supervision authority, analyzes the data of 85 subjects of Russian Federation, based on the facts of activity of federal executive authorities with more than 90% of all the supervision actions. The key indicators for analysing is: a share of prevention from total number of penalties (reduction of supervision intensity), a share of entities and individual entrepreneurs under supervision of total quantity (an effectiveness of risk oriented way), a share of fees without scheduled and unscheduled inspections (a share of administrative and other "non-standard" inspections) of total amount of fees imposed by supervision authority; administrative "tax" (a fiscal orientation of supervision authorities).
There are 7 supervision authority have been included in the Index in 2020 year: Rospotrebnadzor, Rostechnadzor, Rosprirodnadzor, Rosselchoznador, MCHS, Rostrud, home inspection.
The review of methodical formation of Index of administrative pressure - 2020 with results of 2019, showed some contradictions, therefore the Index' objectivity begs questions.
As for Vladimir Golovnev's words, displacement the Moscow Region from 11 place in 2018 to 59 in 2019 is rather far from reality.
"Thus, according to the National Investment rating - 2020, annually prepared by the Agency of strategic initiatives (ASI) along with business community, the Moscow Region has improved its integrral index as compared to 2018 and entered into TOP 5 of region - leaders, transferring from 7th to 5th place so far "- noted in his statement the Moscow Region Business Ombudsman Vladimir Golovnev.
In this regard and by the order of federal Presidential Commissioner for the Protection of the Entrepreneur's Rights Boris Titov, this Index should be discussed in regions in order to prepare proposals to reduce administrative pressure and would be included in the next year report to the President of Russian Federation Vladimir Putin.
"It worth noting that situation with inspections in Moscow Region is not as severe as it might seem while studying the Index 2020. As for our statistic data, there is only 3,3% from all the applications related to supervision came in 2019.
The figures are much better than in 2018 year (7,7%)"- added Vladimir Golovnev.
Due to importance of reducing the administrative pressure to business, the state institute of commissioner's for the protection of the entrepreneur's rights in Russian Federation faced with thorough analysis of current situation.
"In order to reflect the situation objectively, I have decided to draft the Regional Index. The method should be form, taking into account the particularities of the supervision activities without any comparison of their authority. By October 9th all the supervisory departments will receive a draft of the Regional Index to be ready by December 1st get their proposals required. We could form the Regional Index just after that. Its results will be included in the Commissioner's Annual report for 2020 to be further submitted to the Moscow Region Governor, the Moscow Region Duma, the Moscow Region Prosecutor and to the federal Commissioner"- said Vladimir Golovnev.
The heads and representatives of regional executive authority departments made their statements at the meeting. Among them: the head of Glavgosstroynadzor of Moscow Region Garybyan A., the head of Moscow Region Rospotrebnadzor department Mykhailova O., the deputy of the head of supervision department of GU MCHS of Moscow Region Sergeev V., the deputy of the head of the State Labour Inspection in Moscow Region Nikolaeva O. The head of Interregional department of the Federal Service of environmental management in Moscow and Smolensk regions Afanasyeva N., the deputy of the head of Central department of Rostechnadzor Uchevatkyn A., the first Deputy of the head State home inspection in Moscow Region Scheluchyn V., other participants.
The representative of the Presidential Commissioner's Office, the head of regional departments Mingazov E. had also participated this meeting.
The Deputy head of Ministry of Investment, Industry and Science of Moscow Region Karisalova N. informed of methods of ASI 2020 formation, its actual purpose and the Moscow Region place in it.
Moscow, Tatarstan, Tula region, Sant-Petersburg and Moscow Region entered Top 5 of region leaders. This rating evaluates the efforts of regional leaders to create comfortable environment for business, does include an infrastructure quality, region resources, administrative facilities for construction and property registration, a work of state institutes for business support and other factors.
For years specialists have been identifying the region position demands of investment value per person. This shows rating as very objective tool for monitoring and controlling the investment climate in country.
The regulation area and business institutions still provide the basic assessment in 2020. As for entrepreneur's opinion, the issues of supervision activities and administrative pressure are the most important so far. This is reflected in increasing of the documents required (21%) and the number of supervision actions. The share of the entities faced with the administrative pressure or natural monopolies has also increased by 31, 85%.
The participants of the Regional Commissioner's Expert Council have discussed current issues, related to authority implementation and to the methods of small and medium business protection in 2020 year.
As a result, every proposal was included in the protocol for further transferring to the Presidential Commissioner's Office for the future work.