Inspectors will be able to take samples themselves during inspections, they will have the authority to carry out undercover trade and impose fines on persons who obstruct their work. Controls will be carried out without announcement, and in cases where there is a possibility of hiding illegality or destruction of evidence and without the presence of the person being controlled if another official is present.
These are some of the novelties provided for in the proposal for changes to the Law on Inspection Supervision, which the Government sent to the Parliament.
"The purpose of this law is to eliminate all the doubts and ambiguities that this regulation creates for citizens and the economy, in the procedures for exercising their rights, especially bearing in mind the upcoming period in which the scope of inspections will be increased in all areas," the explanation states. proposal.
This Law abolishes the current Directorate for Inspection Affairs, and inspections are attached to competent ministries or administrations. This Administration was formed in 2012, when the inspections were taken over by the ministries and united into one administration. The Government previously announced that they are dissatisfied with the way these Administrations work and that they believe that the return of inspections to the line ministries will bring better results.
The draft law also prescribes a new authority for inspectors to, in addition to the previous possibilities of inspection, be able, if necessary, to photograph and record the objects and premises in which they carry out the inspection, as well as what they find in them - equipment and devices, means of work and other items, products that are put into circulation, goods in circulation, business books...
In cases where the announced control would "give the subject of supervision the opportunity to conceal documentation, objects and other things that prove the existence of some punishable part", the possibility of conducting inspection without the presence of the subject of control is prescribed, if the supervision can be carried out immediately in the presence of an official or other faces.
In the explanation of the changes, it is stated that for the first time the preventive action of the inspection is regulated in a comprehensive way, that is, that the classic understanding of inspection supervision as a repressive measure is being changed.
"It is more expedient for inspections to be proactive and to shift the focus to preventive action, information, providing professional assistance, monitoring and analyzing the situation in the areas, planning supervision, in order to prevent damage, protect the market and citizens, and ultimately encourage legal business and faster economic development", it was stated in the explanation.
For the first time, as he writes, the obligation to monitor the situation in the field of inspection supervision is prescribed, "since all inspections in the modern age increasingly have an analytical function."
"It was established that the inspection bodies collect data of importance for the performance of inspection supervision, monitor and analyze the situation in the field of inspection supervision for which they are responsible, using checklists, conducting surveys, researching public opinion and using statistical and publicly available data," it was stated. in the explanation.
The draft law introduces the obligation to prepare risk assessments for each area, which will represent the backbone of planning and inspection supervision. Areas or subjects of supervision that are found to have a higher risk of violating the law will be controlled more often with additional reports and analyses.
The explanation also states that for the first time the obligation to plan the work of inspections, which will be prepared on the basis of situation analysis and risk assessment, is prescribed.
The new proposal, as they state, additionally specifies the reaction to the situation when the person being controlled or someone else obstructs or prevents the performance of inspection supervision. It is now stated that the inspector can directly impose a penalty for obstruction in the amount of 50 to 500 euros.
The proposal foresees that after the entry into force of this law, the Government will form a coordination body that should coordinate the work of all inspection authorities, as well as harmonize and coordinate the inspection supervision of several inspections at a specific subject of supervision.
The law provides the possibility that, in case of an insufficient number of inspectors, the competences of inspectors can be temporarily given to other officials who meet the conditions to be inspectors.
Introduction of checklists
The proposal also defines the checklist as a document that will contain the priority issues of the check and all other actions for which the inspections are authorized.
"Checklists are a tool that helps inspectors in establishing the facts in the inspection process, serves as a reminder for the checks they need to carry out and provides information important for risk assessment, planning and carrying out inspections, as well as possible administrative and other measures that can be taken to undertake", it was stated in the explanation.
Checklists will be available as a preventive measure to the subjects of supervision, those who are controlled by the inspections, so that they know what their obligations are and what they need to do, in order to bring their business and actions into compliance with the regulations. The checklists will also enable control of the work of the inspectors themselves.
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