ArmInfo.The Office of Coordination of Inspection Bodies under the Office of the Prime Minister of Armenia is initiating amendments to the Law and related laws that will allow abandoning the practice of notifying businesses of upcoming inspections.
The document was posted on the unified portal of legal acts e-draft.am on August 21, and by midday on the 23rd, 86% of respondents were against the draft. As stated in the draft law, currently business owners, being informed in advance about inspections conducted by inspection bodies, very often take measures to prevent them from being carried out or to conceal the fact of the violation committed. There are also frequent situations when employees of the inspection body come to the inspected party, but due to the absence of the latter's manager or refusal to receive an inspection order, they cannot begin the actual inspection.
The current inspection procedure, regulated by the Law , is highly formalized. The problem is that before drawing up an inspection report, the inspection bodies draw up a draft inspection report, send it to business entities that have the right to submit their recommendations on the draft inspection report, and only then is the inspection report drawn up. As a result, according to the law, drawing up an inspection report alone takes 21 working days. Such a long period hinders the implementation of the principle of economy in inspection proceedings, when the adoption of the final administrative act - a resolution on the elimination of violations - becomes obsolete, the Prime Minister's Office believes.
Another common problem is that business entities, assuming the adoption of an interim administrative act based on the results of administrative proceedings conducted by the inspection body, refuse to receive decisions of the inspection bodies. As a result, the decisions of the inspection bodies do not enter into force and are not implemented.
As a result, the inspection bodies spend human and material resources to ensure security in the territories under their control, but due to the impatience of business entities, the decisions made remain unfinished. It is also noted that in practice there are also many situations when, in the absence of the person who committed the administrative offense, drawing up a protocol on the administrative offense becomes impossible.
Moreover, there are often cases when offenders deliberately do not appear to draw up a protocol, which slows down the further course of administrative offense proceedings. The initiative, if approved, will come into force on January 1, 2025. The authors of the initiative believe that the adoption of the project will resolve a number of issues, namely: - regulations on preliminary notification of a business entity before the start of an inspection will be cancelled - the process of drawing up an inspection report will be simplified - the legal possibility of drawing up a protocol on an administrative offence in the absence of the offender will be ensured.
