Inspect, but trust!
Labor Inspection Office is leading in the number of wrongly assigned unscheduled inspections
The Council for the Protection of the rights of entrepreneurs regularly monitors the facts of wrongly assigned inspections of business entities by regulatory authorities and analyzes the causes of these disorders.
To this end, at the October meeting of the Council were invited representatives of the Steering Committee on Legal Statistics and Special Records for analysis of the facts of wrongly assigned audits and effectiveness of the results of inspections
Head of the Unit of the Office of the Committee of Legal Statistics and Special Records Gulnara Ibrasheva led denials of registration of acts of appointment of inspections and detected illegal inspections during the past period of the current year.
"Despite the fact that, according to the statistics, there is a decrease in the total number of registered checks of private businesses by 35, Labour Inspection Department increased the number of employees assigned for unreasonably unscheduled inspections four times%, - noted Gulnara Ibrasheva. - During this period, in 2016 the Office of the Committee in the West Kazakhstan region by the application of the right to refuse to register the acts of appointment of inspections prevented 19 unreasonably assigned unscheduled inspections, including 16in respect of private entrepreneurs, and 4 for the same period in 2015".
One of the measures to curb illegal checks is the right to refuse it at the stage of registration. The largest number of refusals of registration of acts of appointment of inspections are done in the absence of grounds for appointment of inspections. Also, the grounds for refusal of registration checks are a violation of the order of notification of the audited entity about the beginning of the verification activities as monitoring and supervisory authority is obliged to notify the audited entity about the beginning of an unscheduled inspection in writing, not less than one day before the start of the inspection itself, indicating the subject of an inspection. A frequent violation of the registration of the act of an appointment of an inspection is purpose of inspection of a subject (object), in respect of which were previously conducted inspections by a higher authority or other public body for the same purpose and the same period.
Attending the meeting of the Council for the protection of the rights of entrepreneurs, director of "Mercury Wtk” Darkhan Sariyev commented on the actions of labor inspection in respect of his own LLP. "Inspections do not allow LLP to work since February of this year - said Darkhan Sariyev. - Not only these inspections were illegally appointed, but it also resulted in the preparation of an act in relation to me and the appointment of a comprehensive inspection at the end of the year”.
Members of the Council, after hearing the arguments of the entrepreneur and the head of the department of labor inspection, decided to re-apply to the regional prosecutor's office to give a legal assessment of the legality of the report of the labor inspectorate in relation to LLP "Mercury Wtk” and its head Darkhan Sariyev and send the regional akim information about egregious violations of labor rights by the labor inspectorate in the implementation of inspection control and supervisory functions.
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