Friday, August 23 2024 13:17

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.