Moratorium Non-Applicable to Inspections by the Ukrainian State Environmental Inspection
The State Regulatory Service of Ukraine (SRS) considers that the exceptions established for carrying out inspections of business entities, should apply both to the State Environmental Inspection and its territorial offices.
As seen from Art. 6 of the Law of Ukraine “On Temporary Specifics of Implementation of State Supervision (Control) Measures in the Field of Economic Activity”, the moratorium and the restrictions imposed on inspections of businesses must not extend to the relations arising in the course of inspections conducted by the State Environmental Inspection as a central executive authority.
However, the said article does not mention whether the moratorium, being non-applicable directly to the central executive authority, also fails to cover its territorial agencies.
Keeping in mind that a territorial office of a central executive authority is identified in legal terms as an integral part of the latter, the SRS has reached the conclusion that the range of moratorium-exempt authorities must include the State Environmental Inspection, as well as its local offices.
As a reminder, the Law of Ukraine “On Temporary Specifics of Implementation of State Supervision (Control) Measures in the Field of Economic Activity” has imposed the moratorium on conducting scheduled measures of state supervision (control) by state controlling bodies in the area of business activities, until 31 December 2017.