The legislation on protection of rights of legal entities and individual entrepreneurs will be amended

The corresponding draft of the federal law "On amendments to Article 27 of the Federal Law "on protection of rights of legal persons and individual entrepreneurs at carrying out of State control (supervision) and municipal control" was approved at a meeting of the Government of the Russian Federation, held on May 24, 2017 onwards.

Previously, the Federal Law of July 3, 2016 No. 277-FZ in the Federal Law "On protection of rights of legal persons and individual entrepreneurs at carrying out state control (supervision) and municipal control "has been amended to establish a ban on holding public and municipal control audits and meeting the requirements established by the acts of the USSR and RSFSR. By virtue of the Federal Law dated July 3, 2016 No. 277-FZ - the Federal Law "On protection of rights of legal persons and individual entrepreneurs at carrying out ыtate control (supervision) and municipal control" has been amended to establish a ban on holding public and municipal control audits and meeting the requirements established by the acts of the USSR and RSFSR.

At the same time, the Article 423 of the Labour Code provides for the application of acts of the USSR and RSFSR in part, not contradicting the code. Thus, currently under the control of abidance of the labour law  the acts of the USSR and RSFSR are applied. The lack of verification measures on the part of the monitoring and supervision bodies over compliance with such requirements may lead to risks of employers' failure to fulfill the requirements of the legislation on the regulation of labour relations and other directly related relations, violation of the rights and guarantees of workers. At the same time, Article 423 of the Labour Code of the Russian Federation provides for the application  of acts of the USSR and RSFSR. Thus, currently under the control of abidance of the labour law  the acts of the USSR and RSFSR are applied. The lack of verification measures on the part of the monitoring and supervision of compliance with these requirements may lead to risks of failure of employers to the requirements of the legislation on the regulation of labour relations and other directly related relations, violation of the rights and guarantees of workers.

It is suggested that the Bill will establish a ban while conducting state supervision and monitoring the compliance with labour laws and other normative legal acts containing rules of labour law, compliance with the requirements established by the acts of the USSR and RSFSR, but it does not apply to cases where the checks are carried out on:

-use of a single tariff and qualification reference book for jobs and occupations, unified e qualification reference book of positions for managers, specialists and officials;

-accounting lists of works, industries, occupations, professions and positions, institutions (organizations), according to which the early old-age pension insurance is assigned, and the rules for calculating periods of work (activities), which gives the right for early pension;

-establishing the district coefficients to salary and interest allowances for work experience in areas of the Far North and similar areas, other guarantees and compensation for work in these areas and locations.

The Bill was approved on May 22, 2017 at the meeting of the Commission of the Government of the Russian Federation on legal drafting activity.