Imagine that you have a small bakery or a large factory, you are working and complying with the law, but an official comes to you with an inspection, finds some clue and completely stops production

No, this is not a story about the 90s, but a very likely future that could come if MPs pass Bill 5837.

The authors of the draft law propose to update the law on state supervision and state control over production.

However, we found corruption risks in this draft law:

  • Officials of the state control bodies will be able to decide whether or not to stop production at their own discretion without a court decision;
  • The state control authorities will be able to independently determine whether a ‘hypothetical’ violation of the rights of any individual may cause damage and whether this is the basis for an unscheduled inspection, for example, of a competitor of such an individual;
  • The draft law does not specify the conditions for authorisation to conduct an audit of the state of business. That is, it is unclear who will be able to conduct these audits and on what grounds.

The ILI calls on MPs not to adopt this draft law without finalising it and eliminating the identified shortcomings.

The full text of the opinion is available here.