Bill on entrepreneurial activity must be refined, CAPC

The bill on state control of entrepreneurial activity cannot be adopted in the current form, warn experts of the Center for the Analysis and Prevention of Corruption (CAPC), who analyzed the corruption risks of the document, Info-Prim Neo. The CAPC experts consider that though the goals of the bill are welcome, including the limitation of abusive intervention by the public authorities with inspection duties, the informative note does not include information that would enable to determine the state of affairs in the area of state control of the entrepreneurial activity. CAPC expert Iulian Rusu told a news conference that there are a series of inconsistencies in the bill. One of the most important concerns the time allotted for inspections. According to the expert, the number of days is too large and can affect the entrepreneur’s work. “A new maximum term of 10 days is set, which can be extended for another 10 days by the manager of the inspection body, if it is an unplanned inspection. If 10-15 institutions are authorized to carry out inspections at one entrepreneur, the inspections can last for 100 to 150 days,” said the expert. Another provision, which is dangerous according to the expert, refers to the powers of the inspectors. It allows the inspectors to enter premises, except for houses, without the entrepreneur’s consent. ”It is a norm that can lead to incompatibility with the European Convention for the Protection of Human Rights. According to the expert, the bill enables challenging the decision to perform an unplanned inspection in court, but does not specify the relevant procedure for entrepreneurs. “If the bill is adopted as it is, the National Agency for Competition Protection will have the right to ether premises without a court order,” said Iulian Rusu. CAPC director Galina Bostan said the Center considers that the bill should be refined. “We examined it and sent the results to Parliament, based on the cooperation between the legislature and civil society. It is up to the legislative body to decide whether to accept these recommendations,” she stated. The CAPC examined the bill within the project “Assessment of Corruption Risks of Normative and Legislative Acts – Stage V” that is supported financially by the Civil Rights Defenders of Sweden and the Swedish International Development Cooperation Agency. The bill on state control of entrepreneurial activity, which was drafted by the Ministry of Economy, was submitted to the parliamentary commissions for approval.
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