ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of April 25, 2018 No. 379

About the state control of business activity on the basis of risk analysis

For the purpose of accomplishment of provisions of paragraphs of the third and fifth of part (4) articles XXVII of the Law No. 230 of September 23, 2016 on modification and amendments in some legal acts (The official monitor of the Republic of Moldova, 2016, Art. No. 369-378, 755), parts (1) Article 5-1, of part (2) article 16 of the Law No. 131/2012 on the state control (The official monitor of the Republic of Moldova, 2012, Art. No. 181-184, 595), with subsequent changes and amendments, the Government DECIDES:

1. Approve:

1) General methodology of the state control of business activity on the basis of risk analysis, according to appendix No. 1;

2) Rules of creation, approval and use of the checking sheets applied within the state control of business activity according to appendix No. 2.

2. This Resolution is not applied to the state control provided in Items b) - е) parts (4) article 1 of the Law No. 131/2012 on the state control, including the subsequent customs control in the form of post-customs audit.

3. To monitoring bodies till one month from the effective date of this resolution to review sectoral methodologies taking into account General methodology of the state control of business activity on the basis of risk analysis.

4. The order of the Government No. 694 of September 5, 2013. "About approval of General methodology of planning of the state control of business activity on the basis of the analysis of criteria of risk" (2013, Art. No. 198-204, 796) to declare the official monitor of the Republic of Moldova invalid.

Appendix №1

to the Order of the Government of the Republic of Moldova of April 25, 2018 No. 379

General methodology of the state control of business activity on the basis of risk analysis

Section I. General provisions

1. For the purpose of increase in objectivity, efficiency and reliability of decisions on monitoring procedure, and also proper use of resources in case of control, increases in efficiency of the state control and supervision of business activity and, thereby, enhancement of public wellbeing by maximization of efficiency of activities of monitoring bodies, are necessary planning and implementation of control activities on the basis of risk analysis according to the Law No. 131/2012 on the state control.

The methodology of the state control of business activity on the basis of risk analysis (further – methodology) is applied as appropriate in case of development of sectoral methodologies of implementation of the state control of business activity on the basis of risk analysis to the fields of activity carried to competence of monitoring bodies.

This methodology is applied with observance of provisions of parts (3) and (5) article 1 of the Law No. 131/2012 on the state control.

2. The methodological essence of the state control of business activity on the basis of risk analysis consists in their distribution by the most important criteria of risk, relevant for certain area of control, and award of the corresponding points on the predetermined scale according to ponderability of each criterion depending on its relevance for general risk level. Award of points by each criterion is performed for each checked person/company with the subsequent their classification constituted depending on the appropriated points according to the individual level of the predicted risk. Risk analysis is applied to the choice of adequate actions from among different alternative d6eystvy.

3. Level of the predicted risk for each controlled person / company determines the frequency and intensity of the control measures applied to it. For providing scope, and also accurate differentiation of spheres of competence of monitoring bodies, the list of areas and/or subareas of activities according to the Qualifier of Types of Economic Activity (QTEA) is attached to sectoral methodologies.

4. The monitoring body applies risk analysis on the basis of criteria of risk in the following situations:

1) in case of annual planning of checks;

2) in case of decision making about conducting sudden check;

3) by search of the optimal solution concerning the complaint made to monitoring body or concerning information on violation of the law which became known to monitoring body;

4) in case of creation of checking sheets and establishment of requirements of regulations which shall join in checking leaf;

5) in case of strategic planning of the control activities;

6) in other situations concerning decisions in the field of control of business activity.

Risk analysis on the basis of criteria of risk in the situations provided in subitems 1) and 5) is performed according to the Section II.

Risk analysis based on criteria of risk in the situations provided in subitems 2) and 6) can be performed according to the Section II provisions applied as appropriate or according to the ad hoc methods approved by monitoring body with observance of provisions of this methodology.

In the administrative act of monitoring body concerning the situations provided in subitems 1) – 6), the criteria of risk used in case of decision and acceptance method in attention of these criteria are specified.

If the same criterion of risk is used for accomplishment of risk analysis of several situations from among specified in subitems 1) – 6), belonging to the same controlled sphere of activity, the same points, ponderability and formulas of the reporting on risks which are used in case of annual planning of checks can be used.

Section II. Planning of control on the basis of risk analysis

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