Law on State Control over Business Activity

Control is any form of verification, audit, evaluation and/or review by the supervisory authority in place and/or by direct request from inspected individual for documents and other information. In accordance with the law shall have no obligation to report periodically, through the mail, including email, or by phone.

The law on State control of business activity (ch. 2 art. 1) regulates:

- organizing and implementing controls;

- establishing the basic principles of the control;

- establishing the monitoring procedures of the control.

The provisions of this Law shall not apply to:

- the activities of the bodies of criminal investigation, the control of public funds and State property management, which is regulated by special laws;

- the control, implemented in the tax, customs and financial (banking and non-banking) areas.

We draw your attention to the fact that, among other provisions, including the basic principles of the control, the law provides:

- the record of all actions and acts of control; the right to appeal any fact or act of control and compensation of caused damages;

- eliminating the presence of property interest of the controller by removing the direct contributions to the budget of the supervisory authority the amounts levied in fines;

- preventing of violations and/or suspension of the activities of the controlled person.

The supervisory authority has the right to exercise control of a person only if he has relevant powers and in compliance with all prescribed deadlines, of the control. The supervisory authority has the right to control only on the aspects within its exclusive competence, directly provided for by the legislation, and who are not subject to control by other regulatory agencies.

The same supervisory authority has the right to monitor the same person more than once in a calendar year, regulators do not have the right to change the schedule of the planned monitoring and/or perform routine monitoring that is not included in the chart control, but this is not a surprise control. Supervisory authority sends the person to be monitored, one instance of the control decision, to the actual time of receipt of an instance of a control to the start of control is not less than 5 working days.

This does not apply to the surprise control, in this case, the solution is provided to the person under signature verifiable, no later than the beginning of the control. Surprise control cannot be carried out on the basis of unverified information and/or information coming from an anonymous source, and when the authority with functions of control, has any other direct or indirect means of obtaining the necessary information.

Control is exercised on the basis of the decision of the head of supervisory authority.

The decision on the control should contain the following data:

- the title (name) of the person subject to inspection;

- the control view and its purpose;

- the reason for monitoring – in case of a sudden control;

- the issues to be considered during the inspection;

- the fully qualified name of the controller (controllers);

- the implementation time control; the period of the activity to be monitored.

The controller has the right to begin the control, only if following the conditions provided for in the article 21 of this law. Control can be exercised only by the controller (controllers), directly specified in the direction at the controls. Regardless of the reason, to which reference is made, and the type of control that could not be exercised and direction to it becomes invalid after 10 calendar days.

In the event of a sudden control, the 10-day period may be extended for another 10 days, by the head of the supervisory authority, the decision on the extension may be appealed in a verifiable person (art. 22). The Law on State control over business activities also establishes the rights and duties, both the control body and the controlled persons.

The controller has the right (art. 23):

- to enter any premises, used by the employer in its activities, with the exception of the place of residence without the permission of the rightful owner. If necessary, the controller may log in to their place of residence or equivalent thereto by the police premises, in accordance with the law;

- to request information, certificates, licenses, permits, and other binding instruments related to the subject of control, to make copies from the originals submitted or found them documents. If a copy cannot be made on site monitoring or may not be verifiable by the controller, the controller shall be entitled to seize information carriers against receipt, which undertakes to return;

- to test and measure values, select their samples with an act of sampling. To this end, the controller shall have the right to open the packages, packets, pluck press. If a value cannot be verified, measured or samples thereof cannot be selected, the controller has the right to withdraw them from handing receipts to a verifiable person;

- to search vehicles if there is information that, they are values that are the subject of the control.

The controller is obliged (art. 24):

- inform verifiable person about his/her rights and duties;

- provide verifiable person, in electronic form or on paper all statutes and regulations that would be used in the control and in accordance with which the control is made;

- provide to the verifiable person the necessary support for a full understanding of the provisions of the acts and regulations on the basis of which the control is made;

- objectively and impartially evaluate all aspects related to the implementation of control;

- ensure the integrity of the assets and documents of the person;

- make entries in the control register at the beginning of the control;

- present official identification and allow verifiable person read it;

- do not disclose the content of documents and information, which he obtained in the exercise of control, in case of cooperation with other supervisory bodies;

- to attach to the Act of control any of the documents or their copies and written explanations of the person and/or its employees;

- to make an act of control and give to the verifiable person one instance.

The controller does not have the right (art. 24):

- request and examine documents and information related to its competence and not relevant to the subject of control; to test the aspects, which under the law are a subject of control by other regulatory authorities;

- in case of a sudden control, to monitor without the representatives of the verified person. The ban will expire after three working days requested for the arrival of representatives;

- seek and utilize the resources of the verified person (accommodation, transportation, computers, copiers, Office supplies, etc.) without his consent.

The verified person has the right (art. 25):

- to check the direction of the control, a mandate of the right to control and read the official identity of the controller;

- to be informed of their rights and responsibilities;

- to appeal against the actions of the controller (controllers);

- present evidence and explanations to your advantage;

- to demand an attachment to the act of control any documents or copies thereof, in which it has the right to put their name, and to provide written explanations, and claim to be included in the act of control marks of any facts or the rights/responsibilities;

- to require, in justified cases, the supervisory authority once the suspension or transfer of control in cases where monitoring would disrupt the normal functioning of that person or will lead to the suspension of its activities, or if due to objective reasons it might not be subjected to verification;

- to familiarize yourself with the Act of monitoring and ascertaining protocols, drawn up during the monitoring;

- to participate personally or through his representative in the process of control.

The verified person is obliged (art. 26):

- provide documents and information requested by the controller (controllers) for control, which is directly connected with the subject of control;

- maintain a register of control, exercised by the supervisory bodies;

- allow inspectors access to its premises during business hours;

- ensure the presence of the Chief (Deputy Chief) or the head of the responsible unit for aspects related to ongoing supervision, in the case of routine control.

In the event of a sudden control to ensure the presence of such persons as soon as possible on the basis of objective circumstances. The person being tested and its employees shall, within the limits of their powers, to cooperate with an inspector and facilitate his rights. The controlled person, bound by the obligation of confidentiality under the law, can refuse to cooperate, but only to the extent that any requirement of the controller is in conflict with an obligation of confidentiality.

Any statement of fact, which cannot be proved or which impede the implementation of the control (no person at a specified address, access restrictions, refusal to provide the requested documents, etc.), done by the controller in the process of monitoring, is entered into concerning the Protocol signed by the controller and the representative of the person or, in the case of refusal or inability to attend, at least two witnesses.

If during the monitoring, carried out by the supervisory authority, are violations of the law, the supervisory authority shall issue an injunction to eliminate violations. Instruction is given to the person against signature, verifiable, or sent to him by registered mail. A person under supervision must address specified in rule violations within not more than one month from the date of service of the notice on receipt or send by registered mail or within another period (lower), determined in the order.

At the end of the deadline, should be provided the necessary evidence of violations elimination. If a person under supervision, not eliminates the violations in time, the supervisory authority shall issue a precept to the establishment of a new second term of up to one month from the date of expiry provided the first prescription.

If the violations are not remedied within the time-limit fixed by regulation, the supervisory authority shall apply in respect of the person concerned the sanctions established by law. In case of elimination of the violations a person subject to supervision, shall be exempt from all or part of the sanctions that could be applied to it.

The controller makes the Protocol related to the application of the sanctions immediately after the issuance of the instrument in the presence of control risks to human life and health or to public order or if there is obvious damage caused to third persons as a result of violations. The list of authorities, authorized to initiate monitoring and provide the mandate on the right to control in their respective fields, presented in the annex to the Act.

The full text of the Law is available at the following address:

In Russian language | In state language

The Law of the Parliament of the Republic of Moldova No. 131 of 08.06.2012 on State control of business activity).

Published in Monitorul Oficial No.181-184 as of 31.08.2012. The Law comes into force after six months from its publishing.


 

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