Scheduled and unscheduled inspections carried out by regulatory authorities play an important role in the sphere of economic activity. Their purpose is to verify compliance by economic entities with the requirements of legislation in the relevant sectors and to identify possible violations. The State Service of Ukraine for Food Safety and Consumer Protection (State Service of Ukraine for Food Safety and Consumer Protection) carries out supervision (control) in a wide range of spheres and industries. Its activities are regulated by Regulations on the State Service for the Supervision of Food and Consumer Protection, approved by the Resolution of the Cabinet of Ministers of Ukraine dated September 2, 2015 No. 667.
The spheres of supervision of the State Service for Food and Consumer Protection include:
- control in the field of veterinary medicine;
- safety and individual quality indicators of food products;
- quarantine and plant protection, animal identification and registration;
- sanitary and epidemiological well-being of the population (in addition to performing functions for the implementation of state policy in the field of epidemiological surveillance (observation) and in the field of occupational hygiene and functions for the implementation of dosimetric control of workplaces and radiation doses of workers);
- price control;
- prevention and reduction of tobacco use and its harmful effects on public health;
- metrological supervision;
- market surveillance within its sphere of responsibility;
- seed and nursery production (in terms of seed and planting material certification) and some other areas.
Regarding state supervision (control) by the State Service for Food and Consumer Protection, each industry has its own set of regulatory legal acts, which the State Service for Food and Consumer Protection is guided by when conducting inspections.
The general law for most regulatory bodies, including the State Service for the Supervision of Food and Consumer Protection, when carrying out control measures, is The Law of Ukraine “On the Basic Principles ofdand drusty irondu (control) in withfHey, Mr.dAryan d"responsibility" ind 05.04.2007 No. 877-V (further – Law).
According to Part 6 of Article 7 LawBased on the results of the implementation of a planned or unplanned event, an official of the state supervision (control) body draws up an act.
According to paragraph 8, part 6, article 7 LawOne copy of the act is handed over to the head or authorized person of the business entity - a legal entity, its separate subdivision, an individual - an entrepreneur or a person authorized by him on the last day of state supervision (control), and the second is kept by the state supervision (control) body.
However, for example, in the case of state control over compliance with legislation on food, feed, animal by-products, veterinary medicine and animal welfare in accordance with Part 7 of Article 18 Lawin Ukraine "About dstate control over dobtaining legaldFood safety informationdukti, feed, side effectsduanimal huntingdmarriage, veterinaryin medyicingin and welfarein"animals" ind 18.05.2017 The act of state control is drawn up in two copies, one of which is handed over to the market operator. within three working days from the date of its preparation, and not from the moment the inspection is completed.
In this case, there is a conflict of norms, since the general Law requires the delivery of the act on the last day of the state supervision (control) event, while the special Law of Ukraine "On State Control over Compliance with Food Legislation" requires the delivery of the act within three working days from the moment of its preparation.
In such a case, the applicable principle is lex specialis derogat legi generali ("special law takes precedence over general law"), which is displayed in item 4 letter from the Ministry of Justicein "Whatdabout practical applicationininterpretation of legal norms in excrementdkin "collision" ind 26.12.2008 No. 758-0-2-08-19 "In the event of a discrepancy between a general and a special regulatory legal act, the special one shall prevail, unless it is repealed by a later general act."
In view of the above, the delivery of the inspection report by the State Service for Food Safety and Consumer Protection inspector within three working days from the date of its preparation, and not immediately after the completion of the control measure, is lawful, provided that such a procedure is provided for by special legislation regulating the activities of this body in a specific area.
In cases where special legislation is absent or does not regulate the procedure for serving a document, the following applies: Law, which provides for the delivery of the act on the last day of the state supervision (control) event.
Violation of the deadline for submitting the inspection report is a formal violation that does not affect the results of the inspection by the State Service for Food and Consumer Protection inspector and the appeal of the results of this inspection.
The original article was published in the journal Quality management.
