SELECTIVE INSPECTIONS PLAN FOR THE FIRST HALF OF THE YEAR 2021

23 december 2020

Selective inspections plan for the first half of the year 2021 for Oblasts of the Republic of Belarus and City of Minsk was posted on the website of the State Control Committee of Belarus. You can check whether a company is included in the plan or not at http://www.kgk.gov.by/ru/pvproverok-ru/, and the plan for inspections in Minsk is at: http://www.kgk.gov.by/ru/pvpminsk/.

Procedure for carrying out of control (supervision) activities in the Republic of Belarus is governed by the Decree of the President of the Republic of Belarus as of 16.10.2009 No. 510 “On improving control (supervision) activities in the Republic of Belarus” as amended by the Decree of the President of the Republic of Belarus as of 16.10.2017 No. 376 “On measures aimed at improvement of control (supervision) activities”.

The degree of risk for including an entity in the selective inspections plan is assessed by the fact that such a subject belongs to a risk group, as well as based on the analysis of information indicating a high risk of law violations. In this case, the following information is also taken into account:

• answers to the checklist given by the entity subject to inspection, administrative data, audit opinion (if any);

• information obtained in the course of proactive and preventive measures;

• information obtained from prosecuting authorities on initiated criminal proceedings, from courts on pending proceedings;

• information obtained from state authorities, foreign state, other legal entities or individuals.

Risk assessment methodology was approved by the Resolution of the Council of Ministers of the Republic of Belarus as of 22.01.2018 No. 43 and is used by the supervisory authorities in order to include entities in selective inspections plans. The industry-specific criteria for assessing the degree of risk to select an entity subject to inspection during a selective inspection are approved by local regulatory legal acts of departmental bodies. The criteria for assessing the degree of risk to select an entity subject to inspection during selective inspections by the State Control Committee and the State Control Committees of the Oblasts can be found here: http://www.kgk.gov.by/ru/kriterii/.

In short, selection of entities to be included in inspections plans is made as follows:

To assess the degree of risk, taking into account the specifics of the area in which control (supervision) is carried out, the criteria for assessing the degree of risk are used, including the procedure for assessing them, the period for which they are assessed, and the multiplying coefficient used for calculating the indicator of a high degree of risk. Points are assigned to each risk assessment criterion. The degree of risk of an entity included in the list is determined by summing the scores for all the criteria applied to it for assessing the degree of risk. If the degree of risk assigned to an entity exceeds the indicator of a high degree of risk calculated in accordance with the rules prescribed by the Methodology for the risk assessment system, such an entity belongs to the group of entities with a high degree of risk and is a direct candidate for inclusion in selective inspection plans. Further, the supervisory authority, on the basis of information it has on the entity with a high degree of risk, makes an analysis according to which it determines the possibility of identifying and/or eliminating violations of the law by other forms of state control (supervision) without a selective inspection. If it is impossible to identify and/or eliminate violations of the law in other ways, a decision is made to include entities with a high degree of risk in the plans for selective inspections.

The legislation provides for a ban on conducting inspections within 2 years from the date of:

• state registration of organizations (except for those created by way of reorganization), individual entrepreneurs;

• assignment of a Payer's Identification Number of subdivision of organizations (except for those created by way of reorganization);

• creation of representative offices of foreign organizations;

• placing an object of construction into use - in terms of activities of the inspected entity in relation to this object;

• initial issue of a registration certificate – to persons conducting advocacy activity individually;

• initial payment of the fee for conducting craft activities, fee for proving services in the field of agroecotourism – by persons engaged in craft activities, activities in the field of agroecotourism. 

It is not allowed to conduct several selective inspections of the same entity during a calendar year. Inspections of one entity by several supervisory authorities during a calendar year can only be carried out in the form of a joint inspection.

Selective inspection plans are posted on the official website of the State Control Committee of the Republic of Belarus twice a year:

- no later than December 15 of the year preceding the year of the inspection;

- no later than June 15 of the year in which the inspection is planned. 

In case of any changes, the plans are updated weekly on Thursdays. Changes to the plans can be made only in cases of exclusion of the inspection, exclusion of the supervisory body from the list of performers of the inspection, when the month of beginning of the inspection is changed. Adding new business entities to the drawn up selective inspections plans, as well as adding to the inspection included in the plan a supervisory authority as a co-executor of the inspection is not allowed. 

PREPARED AS OF 21/12/2020 

Certified Lawer,

Managing Partner of COLLEGIA Law Firm

Yulia Ostreiko

E-mail: ostreiko@collegia.by