Legal advice: grounds for conducting inspections of PM salons

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

Opening a permanent makeup office is not a difficult task, but it is responsible, requiring compliance with and taking into account some legal aspects, on which the legality of your activities in the future will largely depend. However, opening a salon is half the battle, it is equally important to develop its activities, during which contacts with regulatory authorities are possible, the grounds for which it is desirable to know in advance. Let's try to figure it out step by step.

What is regulated

The main provisions regarding the conduct of inspections of entrepreneurs are contained in the Law of Ukraine "On the Fundamentals of State Supervision (Control) in the Sphere of Economic Activity".

The law provides for scheduled and unscheduled inspections. It is important that the bodies authorized to exercise state supervision (control) in the field of economic activity, as well as types of economic activity that are the subject of state supervision (control), are established exclusively by laws.

Therefore, controllers' references to any other document that establishes the specified list of bodies and activities, except for laws, cannot give the right to conduct an audit.

Grounds for scheduled and unscheduled inspections

Planned control measures are carried out in accordance with annual plans, which are approved by the relevant state supervision (control) body no later than December 1 of the year preceding the planned one. Changes to the annual plans for the implementation of state supervision (control) measures are not allowed, except for cases of changing the name of a business entity and correcting technical errors.

The planning period is the year that is calculated from January 1 to December 31 of the planning year.

Plans for the implementation of measures of state supervision (control) for the next planning period must contain the dates for the start of each planned measure of state supervision (control) and the timing of their implementation. At the same time, inspection plans are subject to official publication on the websites of the relevant regulatory authorities. Therefore, a business entity can learn about a scheduled inspection in advance.

During the planned period of implementation of more than one planned measure of state supervision (control) for one business entity by the same body of state supervision (control) is not allowed.

The inclusion of the same economic entity in the plans for the implementation of measures of state supervision (control) of several state supervision (control) bodies is the basis for conducting a comprehensive planned measure of state supervision (control) in relation to such a business entity. The annual plan for conducting comprehensive (by several authorities simultaneously) inspections is subject to posting on the website of the State Regulatory Service of Ukraine until November 15 of the year preceding the planned one.

Unscheduled inspections are possible if there is one of the following grounds for their conduct:

• submission by a business entity of a written application to the relevant body of state supervision (control) on the implementation of measures of state supervision (control) at its request;
• identification and confirmation of the inaccuracy of the data declared by the business entity in the document of mandatory reporting;
• verification of compliance by a business entity with instructions, orders or other administrative documents to eliminate violations of the requirements of the law, issued as a result of a preliminary event by a state supervision (control) body;
• appeal of an individual (individuals) about violations that caused damage to her (their) rights, legitimate interests, life or health, the environment or the security of the state, with documents or copies thereof confirming such violations (if any). In other words, you can conduct an unscheduled inspection based on a person’s complaint only if such person was your client and suffered damage, which must be confirmed.

Who is authorized to check

Theoretically, you can check the work of a permanent makeup salon:

• bodies of the State Service for Food Safety and Consumer Rights Protection - on issues of compliance with sanitary legislation, consumer protection legislation;
• bodies of the State Labor Service - on issues of compliance with labor legislation, including regarding the formalization of labor relations with employees;
• bodies of the State Service for Emergency Situations - on compliance with fire laws.

It is important to note that the provisions of the law do not apply to tax audits, which are covered by the relevant provisions of the Tax Code.

The material was first published in Permanent No. 4(8)/2017