Sanitary rules will be cleaned
Prosecutor General's Office, together with NCE "Atameken" and the Ministry of National Economy will continue to work on reduction of the requirements of sanitary rules
This was stated by the head of the 1st Department of the Prosecutor General’s Office Marat Seksembayev at the meeting of the Council on the protection of entrepreneurs' rights and anti-corruption of NCE RK "Atameken".
"At the same time we will begin to clean sanitary rules. A selective approach to audit causes concern. For example, the Office on consumer protection in Karabalyk district of Kostanay region has banned LLP "Ak Bidai-Agro" to use meals, which were cooked the day before, while LLP "Novotroitsk 1" was not subject to such a restriction under identical violations. Office on consumer protection in Turksib district of Almaty city required SP Yaushev to install a germicidal lamp at the place of production of cold appetizers. The execution period is - 15 days. At the same time the prescription of the Office for LLP “Central Asia Beer” stipulated immediate elimination of such a violation. The prescription of the Office on Consumer Protection of Kostanay to LLP "Ocean Trade" indicated the need for repair of the shop’s basement and the period of performance was not set", - said Marat Seksembayev.
Prosecutor General's representative also spoke about the ambiguity of the practice of conducting audits. According to him, this was possible due to poor legal regulation of the measure of response of the consumer protection bodies.
"It allows controlling bodies to adopt certain decisions in the interests of the audited that, of course, contributes to the manifestation of corruption behavior", - said M. Seksembaev.
The issues of obviously impossible demands deserve particularly attention.
"On 29th of April 2016 Shakhtynsk Office of Consumer Protection prohibited SP Nokhrina to sell products and asked her to present certificate of conformity. However, this document was initially absent. Therefore, impossibility of performance of this requirement was obvious for auditors. Despite this, for failure to meet the prescription the businessman was fined in the amount of 212 thousand tenge ", - the representative of the Prosecutor General gave the examples. - Meanwhile, sometimes auditors do not ask for such certificates. Such actions serve as an effective instrument of putting pressure on businesses and allow the consumer protection authorities to use the situation in their own interests, at their sole discretion".
There is no uniform judicial practice on cases involving non-performance requirements (in particular, non-provision of certificates of conformity). As M.Seksembaev noted, in some cases, small businesses are prosecuted, while others - are released due to lack of proof of offense, and for some - the violations are re-classified in the articles providing for less strict penalty.
"For example, for failure to provide a certificate, the administrative court of Aktobe imposed on SP Zhuketaev M.S. a fine of 100 MCI. Arguments of Zhuketaev M.S. on the absence of this document, the court has not taken into account. Under the same circumstances, proceedings against SP Sufyanova S. were dismissed for lack of an administrative offense by Chingirlausk District Court of WKR. The court based its decision on the fact that the offense was unintentional, because the entrepreneur could not perform the order due certain circumstances. Similar case took place in Atyrau region. Therefore, we will submit a petition to the Supreme Court to conduct a joint analysis of the practice of considering such cases. According to the results, we will initiate the required proposals", - informed Marat Seksembayev.