How to prepare for a PM salon check: theory and practice

Andriy Evstigneev , lawyer, candidate of legal sciences, associate professor, certified expert of the National Bar Association of Ukraine, director of the RSP International office in Ukraine

In this article, we will continue our consideration of the topic of inspections of beautiful business enterprises. In particular, we will determine what rights both sides have

Earlier, we determined the grounds for conducting inspections of permanent makeup salons and a possible list of bodies that can carry out such inspections, that is, we considered the “theory”. In this article, let's move on to "practice" - we will define the rights granted by law to the business entity that is being checked during the check, as well as its obligations.

So, if the inspectors did come, remember that the legislation provides for a significant list of opportunities, using which you can minimize or even avoid the negative consequences of the inspection.

Thus, according to the provisions of the Law of Ukraine “On the Fundamentals of State Supervision (Control) in the Sphere of Economic Activity” (hereinafter referred to as the Law), we have the right to:

• be informed of their rights and obligations;
• require officials of the state supervision (control) body to comply with the requirements of the law;
• check whether the officials of the state supervision (control) body have an official certificate and a certificate (referral) and receive a copy of the certificate (referral) to conduct a scheduled or unscheduled event;
• to prevent officials of the state supervision (control) body from exercising state supervision (control) if:

- state supervision (control) is carried out in violation of the requirements stipulated by law regarding the frequency of such events;

- an official of the state supervision (control) body did not provide copies of the documents provided for by this Law, or if the submitted documents do not comply with the requirements of this Law;

- a business entity has not received a notice of a planned measure of state supervision (control) in the manner prescribed by this Law;

- an official of the state supervision (control) body did not make an entry about the state supervision (control) measure in the register of state supervision (control) measures (if such a register is available at the enterprise);

- the duration of the planned measure of state supervision (control) or the total duration of such measures during the year exceeds the maximum duration established by paragraph five of Article 5 of this Law, or the duration of the unscheduled measure of state supervision (control) exceeds the maximum duration established by paragraph four of Article 6 of this Law;

- the body of state supervision (control) carries out repeated, unscheduled measures of state supervision (control) on the same fact (facts) that was (were) the basis for the unscheduled measure of state supervision (control);

- the state supervision (control) body did not approve and publish on its own official website a unified form of the act, which provides for a list of questions depending on the degree of risk;

- in the cases provided for by the Law, officials did not provide a copy of the approval of the central executive body that ensures the formation of state policy on state supervision (control) in the field of economic activity or the relevant state collegial body for the implementation of an unscheduled measure of state supervision (control);

– be present during the implementation of state supervision (control) measures, involve third parties in the implementation of such activities;

– demand non-disclosure of information constituting a trade secret or confidential information of the enterprise;

- receive acts of state supervision (control) and get acquainted with them;

- provide the body of state supervision (control) in writing with their explanations, comments or objections to the act;

– to appeal in accordance with the procedure established by the Law against unlawful actions of state supervision (control) bodies and their officials;

- receive advisory assistance from the state supervision (control) body in order to prevent violations in the implementation of state supervision (control) measures;

- keep a register of state supervision (control) activities and require officials of state supervision (control) bodies to make entries in it about the conduct of such activities before they begin;

– to demand the termination of the state supervision (control) measure in the event of:

- exceeding by an official of the state supervision (control) body of the maximum term for the implementation of such an event determined by this Law;

- use by officials of the state supervision (control) body of non-standardized forms of acts;

- clarification by officials during the implementation of an unscheduled measure of state supervision (control) of issues other than those, the need to verify which became the basis for the implementation of such an event.

Responsibilities of the Auditees

In addition to the above rights, the Law defines the following obligations of the inspected entities:

• allow officials of the state supervision (control) body to carry out state supervision (control) measures, provided that they comply with the procedure for exercising state supervision (control) provided for by this Law;
• comply with the requirements of the state supervision (control) body to eliminate identified violations of legal requirements;
• provide documents, product samples, explanations to the extent that he considers necessary, certificates, information, materials on issues arising during state supervision (control), in accordance with the Law;
• receive a copy of the act and / or instructions of the state supervision (control) body based on the results of a planned or unscheduled event.

Keep this in mind when conducting checks and do not forget to use the rights granted to you in the first place.