During martial law, it is especially important for businesses to stay abreast of government audit developments as they affect their operations. Such inspections provide control over compliance with the necessary requirements for products by manufacturers, and this, in turn, contributes to the protection of consumer rights and guarantees their safety.
By Resolution of the Cabinet of Ministers No. 303 of March 13, 2022, planned measures of state supervision (control) were suspended in Ukraine for the period of martial law. However, it is worth paying attention to the provisions of Clause 5 of this Resolution, according to which there are exceptions, namely, planned measures of state market surveillance are not suspended for some types of products:
- household lamps of non-directional radiation- to meet the requirements Technical regulation on requirements for ecodesign;
- low-voltage electrical equipment- to meet the requirements Technical regulation of low-voltage electrical equipment;
- equipment - to meet the requirements Technical regulations on electromagnetic compatibility of equipment;
- machines and equipment - to meet the requirements Technical regulation of machine safety;
- electrical and electronic equipment - to meet the requirements Technical regulations on the restriction of the use of certain hazardous substances.
From September 6, 2024, in accordance with the Resolution of the Cabinet of Ministers of Ukraine No. 1052, amendments were made to Clause 5 of the Resolution of the Cabinet of Ministers of March 13, 2022 No. 303, which partially renewed scheduled inspections of some other types of non-food products that may be dangerous for consumers. Among such products:
- electrical and electronic equipment, toys, room heaters and combined heaters- inspections will be carried out by the State Production and Consumer Service;
- moving pressure equipment, personal protective equipment, elevators and safety components for elevators- will be carried out by State Labor;
- medical devices and auxiliary devices, medical devices for in vitro diagnostics and their auxiliary devices and active medical devices that implant- will be conducted by the State Medical Service;
- wheeled vehicles, new parts and equipment that can be installed and/or used on wheeled vehicles- will be conducted by Ukrtransbezpeka.
So, after the suspension of routine checks due to martial law, control measures are now being gradually resumed. Partial resumption of planned measures of state market surveillance of some types of non-food products is important for the safety and quality of non-food products, and compliance with product standards is a key aspect of consumer protection.
As you can see, businesses should be prepared for a partial renewal of inspections of some types of non-food products. Enterprises can find out about planned measures of state supervision (control) in relation to them by reviewing the comprehensive plan on the website of the State Regulatory Service, which is approved by November 15 of the year preceding the planned one, by the annual plans of state supervision (control) bodies, which are approved by December 1 of the year preceding the planned one, on their official websites, as well as upon receiving a written notification of the state supervision (control) body about the planned event.
If you have any questions, please contact our law firm for professional advice.
