Prospects for expanding the experiment on pre-trial appeal of decisions of control bodies

From July 1, 2021, a procedure for mandatory pre-trial appeal of decisions of supervisory authorities will be introduced for certain types of control determined by the Russian Government. From January 1, 2023, it will begin to be gradually implemented for all types of controls that are regulated by the law on state control. This was announced by Deputy Prime Minister of Russia – Head of the Government Staff Dmitry Grigorenko at a meeting dedicated to the implementation of a pilot experiment in this area.

Until now, there was no single procedure for resolving disputes with the supervisory authorities – each agency sets the terms and procedures for reviewing complaints independently. A new procedure for mandatory pre-trial appeal of decisions of supervisory authorities or actions of inspectors is provided for by the new Federal Law on Control and Supervisory Activities. The procedure for reviewing complaints is clearly regulated by law: 20 working days are given to respond to the applicant.

In 2020, a new law on control and supervisory activities was adopted, the provisions of which will enter into force on July 1, 2021. 

In order to implement the provisions of this law on state control, in August 2020, Russian Prime Minister Mikhail Mishustin signed a decree on conducting an experiment on pre-trial appeals against decisions of supervisory authorities. The pilot involves 19 control agencies for 63 types of control.

As part of the experiment, a service was created on the Unified Portal of State and Municipal Services that allows one to submit a complaint to the control body in electronic form, track all the stages of its consideration and interact with officials without visiting the department.

One can file a complaint, track all the stages of its consideration, as well as interact with officials without visiting the department, through the public services portal in the section "Complaint against the decision of the control bodies".

By means of a pre-trial appeal, it is now possible to challenge decisions based on the results of control measures of the EMERCOM of Russia, the Ministry of Industry and Trade, the Federal Tourism Agency, Rospotrebnadzor, Roszdravnadzor, Rosobrnadzor and Rostechnadzor and other federal bodies.