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Moratorium on inspection of work during quarantine – explanation of the Ministry of Economy.

According to the official website of the Ministry of Economy, there are at least two major categories of inspections in Ukraine.

The first category to which there is a moratorium during quarantine is the so-called state supervision (control) in the sphere of economic activity. It is identified by areas of control, not by authorities. That is, the same State Food and Consumer Service has about 15 areas of control, and some of them are subject to a moratorium (for example, plant protection), others – no (for example, a separate state regulation of prices).

The moratorium includes inspections of fire safety, labor protection, environmental inspections, etc. (more than 80 areas). All this type of control is regulated by the Law of Ukraine №877 of 05.04.2007 “On the basic principles of state supervision (control) in the sphere of economic activity”.

The same Law establishes all the basic rules for conducting inspections, and it is for this type of control that the integrated automated system of state supervision (control) – the so-called Inspection Portal – applies. It publishes plans, results, and reports on the implementation of plans for such inspections.

The second category is inspections carried out in areas that do not fall under this Law (Article 2 of Law 877):

  1. currency control;
  2. tax control;
  3. customs control;
  4. state export control (except for some issues of space activities);
  5. control over compliance with budget legislation;
  6. banking supervision;
  7. state control over compliance with the legislation on protection of economic competition;
  8. state supervision (control) in the field of television and radio broadcasting;
  9. state supervision (control) over the observance by economic entities carrying out activities in the spheres of energy and communal services;
  10. legislation in the fields of energy and utilities;
  11. state market supervision and control of non-food products.

The state market supervision and control of non-food products should be discussed separately. Control in this area is carried out by 7 bodies according to the list of products subject to control. Among these bodies are the State Labor Service, the State Emergency Service, and the State Food and Consumer Service. All of them, on the one hand, are under a moratorium for most of their areas of control, but can carry out any inspections in terms of market surveillance.

Laws 530-IX and 533-IX prohibit scheduled inspections for the first category and tax inspections with some exceptions during the quarantine period.

So, three important conclusions about inspections:

  • checks during quarantine are possible
  • inspections of the second category do NOT fall under the moratorium (except for tax, prohibited separately);
  • inspections of the second category are NOT displayed on the Inspection portal https://inspections.gov.ua/

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