The Ministry of Justice approved the new Procedure for conducting inspections of the activities of the state executive service agencies and private executors.
The corresponding order of October 22, 2018 No. 3284/5 will come into force from the date of official publication.
Now, the State Executive Service Departments of the main territorial departments of justice on behalf of the GIS Department will be able to carry out inspections of the activities of private performers.
Control over the activities of employees of GIS bodies is carried out by conducting comprehensive, targeted and control checks.
A comprehensive and control audit of its results are carried out in the manner approved by the order of the Ministry of Justice on August 8, 2011 No. 1955/5.
Targeted inspections can be scheduled or unscheduled. Routine inspection is carried out once every two years, and unscheduled on the basis of: written notifications of authorities, appeals of people's deputies, individuals and legal entities about violation by the GIS body of legal requirements; media reports; identifying inaccurate information in documents submitted by GIS bodies; failure to submit reports within the prescribed period; instructions of the Minister of Justice.
Control checks of the state executive service bodies are carried out as necessary.
Checks on the activities of a private executor are carried out through scheduled and unscheduled inspections.
A routine check of a private executor’s activities is carried out according to a schedule that is drawn up for a year and is posted on the official website of the Ministry of Justice no later than February 1 of the year in which scheduled inspections will be conducted. If necessary, the schedule may be amended, which are posted on the site within five working days from the date of approval. Such changes are made no later than a month before the check.
During the scheduled inspection, a comprehensive audit of the organization of the work of a private performer, compliance by the private executor with the requirements of the legislation and compliance with the rules of record keeping are carried out.
An unscheduled inspection is carried out on the grounds determined by part three of Article 34 of the Law on Bodies and Persons Enforcing Enforcement of Court Decisions or, in the event of receipt of a complaint by a private executor from the Disciplinary Commission of private executors.
The first scheduled inspection of the activities of a private executive is carried out no earlier than one year from the date the information on the private performer is entered into the register (not counting the period of suspension of the activities of the private executive).
The following scheduled inspections are conducted no more than once every two years from the date of the start of the previous scheduled inspection.
The term of the scheduled inspection of the activities of a private executive cannot exceed five working days
Evasion of a private executor from checking are:
- the absence of a private executor in the office within a certain period of the scheduled inspection;
- failure to submit or to provide in full without reasonable explanations of documents relating to the inspection plan;
- the refusal of a private performer to access the working group in the office, his office or archive rooms.
The private performer has the right to:
- require members of the working group to comply with the law;
- not to allow the working group to conduct a scheduled inspection if the order to conduct such an inspection is not communicated to it, as well as in cases when a scheduled inspection is carried out in violation of the requirements of the frequency of its conduct;
- provide verbal and written explanations on matters relating to routine inspection;
- directly during the scheduled inspection to eliminate the identified violations. In this case, in the certificate of the results of the scheduled inspection it is noted that the violations have been eliminated;
- sign a certificate of the results of a scheduled inspection with comments or refuse to sign it;
- provide in writing their explanations, comments or objections to the certificate of the results of the scheduled inspection;
- to appeal, in the established manner, unlawful actions of the working group and its members, as well as conclusions on the results of the scheduled inspection.
Unscheduled inspections of the activities of a private artist are divided into visiting and restricted to leave.
The basis for an unscheduled inspection may be, in particular, the decision of the Disciplinary Commission of private executives to reject the idea of bringing a private executor to disciplinary responsibility and sending materials to re-check its activities.
An unscheduled on-site inspection of a private performer may be entrusted to the Office of State Executive Service. At the same time, such a check cannot be carried out by the Office of State Executive Service, which is located within the executive district of a private executor, whose activity is being checked.
The contractor must be notified of the unscheduled on-site inspection no later than five working days before the inspection.
An unscheduled travel abroad check of the activities of a private executor is carried out by requesting the necessary documents and information within the scope of the appeal. This check is carried out by the Office of Control or the Office of State Executive Service.
A written request is sent to the private executor to conduct an unscheduled on-site inspection. The request shall indicate the time limit for the provision of a reasoned response by the private executor on the facts stated in the appeal, which may not be less than 10 calendar days and a list of copies of the documents to be provided.
In case of detection of signs of disciplinary misconduct during inspections, the structural unit of the Ministry makes a motivated submission, which is sent to the Disciplinary Commission of private executives within two months, but no later than two years from the date of its commission.
Recall the current inspection procedure has been applied since 2016.
Source: website URLIGA
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