Not to punish, but to help! Restaurateurs and hoteliers have called out for the closure of Rospotrebnadzor
The Federation of Restaurateurs and Hoteliers, in an official address to the President of Russia, proposed a new economic and regulatory policy for enterprises in human-intensive industries.
The Federation of Restaurateurs and Hoteliers, together with representatives of the most vulnerable sectors of the economy from an increased readiness regime, addressed the President of Russia with an open letter, which was signed by representatives of more than 300 thousand enterprises across Russia with 4.8 million employees. The letter proposed measures to exit the high alert, and a request to completely reform the federal services by combining Rospotrebnadzor (The Russian Federal Service for Surveillance on Consumer Rights Protection and Human Wellbeing) and Rosselkhoznadzor (Russian Federal Service for Veterinary and Phytosanitary Surveillance).
According to entrepreneurs at the epicenter of the situation, the logic of measures to exit the high alert should be based on the principle of equality for different industries and based on the expertise of industry communities and international experience. Only radical steps by the Government, namely, a new economic and regulatory policy, will allow the state to maintain the previous tax base and prevent the emergence of a huge number of unemployed people and the growth of social tension associated with these factors.
For the urgent implementation of such a policy for enterprises of the “human-intensive” sectors of the non-governmental and non-primary sectors, the letter proposed three key steps:
- Change the tax system.
- Provide reasonable requirements for industries to exit high alert.
- Minimize regulatory pressure on the business.
Separately, in a letter, representatives of the “human-intensive” industries proposed to revise the activities, approach and powers of Rospotrebnadzor. According to representatives of industries in its current form, Rospotrebnadzor is a punitive body that collects money for violating outdated and meaningless requirements, analogues of which are not found anywhere in the world. The letter proposed to shift the paradigm and move on to the principle of training and analysis of specific incidents, following the experience of the United States, European countries, Georgia and Ukraine.
Novye Izvestia cites the text of this document:
"Dear Vladimir Vladimirovich!
We, representatives of the industries most affected by the high alert and related restrictions: the catering industry, the tourism and hospitality industry, the fitness and sports industry, the beauty industry, the industry for organizing mass sports events, the entertainment industry and services for children, turn to To you with an open letter.
On your instructions, by June 1, 2020, the Government of the Russian Federation must submit an action plan for economic recovery.
We, the entrepreneurs who are at the epicenter of the situation, are sure that only radical steps by the Government, namely the new economic and regulatory policy, will allow the state to maintain the previous tax base and prevent the emergence of a huge number of unemployed, the growth of social tension associated with these factors.
For the urgent implementation of such a policy for enterprises of the “human-intensive” sectors of the non-governmental and non-primary sectors, it is necessary to take only three key steps:
1. Change the tax system and provide for:
* the introduction of a special tax regime for the "human-intensive" industries - an intermediate between the OSS and USN;
* reduction of the VAT rate to 10% for industries with an incoming preferential VAT of 10% (food industry, restaurants, kitchen factories);
* make a maximum rate of insurance premiums of 15% for all organizations in our industries, regardless of membership in SMEs, OKVED and SMIC codes in connection with a high share of payroll (up to 40% of turnover);
* Revise from February 1, 2020, the criteria for inclusion in the register of SMEs for our industries, excluding the number of employees from the criteria, due to the high share of payroll due to the specifics of industries.
2. Provide reasonable requirements for industries to exit high alert
The logic of measures to exit the high alert mode should be based on the principle of equal rights for different industries and be based on the expertise of industry communities and international experience.
The recommendation of the Rospotrebnadzor for opening it is necessary to accept all the amendments developed and submitted to the department by branches (Appendix No. 1 to this appeal).
3. Minimize regulatory pressure on the business:
* prohibit any fines for business for 3 years from the date of completion of high alert, replace fines with warnings;
* prohibit all scheduled inspections, and on-site inspections of control departments for complaints should be allowed only for training and prevention;
* replace KPI of key performance indicators of control and supervision departments with a “stick approach” with the number of trained and certified employees at enterprises, as well as a decrease in the number of incidents in controlled areas;
* decentralize control and transfer control and supervision departments to the subordination of regional governing bodies. It is the federal subordination of regional regulatory agencies that now prevents governors from developing business in the regions;
* accelerate the work of the regulatory guillotine, eliminate all obsolete and burdensome norms of normative legal acts based on the conclusions of working groups consisting of experts and representatives of professional communities, review and reduce to 25 sheets SNiPa, SanPiNy and many other outdated and outdated documents;
* transfer the development of industry standards from theorists in control departments to practices in industry associations and experts on an independent platform of the Agency for Strategic Initiatives, removing control and supervision departments from lawmaking.
Separately, we want to dwell on one of the most painful problems in the regulatory sphere in our sectors: the activities, approach and powers of Rospotrebnadzor. In its current form, Rospotrebnadzor is a punitive body that collects money for violating outdated and meaningless requirements, analogues of which are not found anywhere in the world:
1) sanitary rules and other documents contain provisions that duplicate, expand and contradict the requirements of existing acts of the Government of the Russian Federation, technical regulations of the EAEU, acts of other bodies and departments;
2) in accordance with the current Administrative Code of the Russian Federation, one person for one violation can be fined for different articles with different sizes of fines;
3) the established requirements, as well as the functions are duplicated and overlap at Rospotrebnadzor with other federal services (Rostrud, Rosprirodnadzor, Rosselkhoznadzor);
4) not a single business proposal on the abolition, processing of sanitary rules sent by business representatives to Rospotrebnadzor was accepted. The department independently makes decisions regarding the business, including the need to introduce one or another rule regarding business, while not having practical experience or competencies in any of the regulatory areas.
Unfortunately, the system of work of Rospotrebnadzor is currently built on the principle of “embrace the immense” and the desire to create uniform standards of work for all occasions, which is impossible to put into practice a strategy. We constantly make changes to recipes and cooking methods, layout of gyms and the automation of hotels, spa centers and beauty salons; in addition, new technologies and equipment appear, the economic situation is changing, which makes it impossible and ineffective to use standards that have lost relevance. The above problems not only interfere with the functioning of the business, but also force entrepreneurs to fulfill formal requirements in order to avoid fines to the detriment of technological effectiveness and common sense. We can present several hundred such examples.
In the new edition of SanPiN, which the department is trying to push for approval, for example, against which the entire industry of hospitality and catering is opposed, pasta in the navy is still banned and it is indicated how to fry meat.
There are no analogues to such requirements in any country in the world.
We propose a paradigm shift and a transition to the principle of training and analysis of specific incidents. It is this approach that has been used for a long time not only in the USA and European countries, but also in Georgia and Ukraine. The experience of Georgia shows the successful application of innovations: statistics of poisonings and incidents did not increase, but decreased, but
the corruption component, which was the main reason for the existence of a similar department, also disappeared.
We ask you to carry out a complete reform of the federal service, combining Rospotrebnadzor and Rosselkhoznadzor, and build the activities of a single department by analogy with the reform of the traffic police (Road Patrol Service).
In Russia, there are excellent examples of effective reform of industries, among which one can cite a radical restructuring of the ideology of the traffic police, despite the fact that the heads of this service, as the head of the Federal Service for Supervision of Consumer Rights Protection has been doing for many years, assured us that without duty and points with inspectors on road deaths will increase.
The result of the reform showed the opposite: the transition from a policy of punitive measures and the collection of fines (similar to the functions of Rospotrebnadzor at the moment), to a distributed multifunctional system based on the use of best practices in the field of digital technology, reconstruction and improvement, the result of which was a dramatic reduction in mortality by the roads. At the moment, most of the traffic police points are closed, the “duty” in the right places of patrol cars has been stopped.
At the same time, over 10 years there has been a dramatic decrease in road deaths, mortality has fallen by 40%. This is a huge achievement, and it happened because of the reconstruction of streets, highways, landscaping, work on training and prevention, and not as a result of the spread of corruption and the use of fines.
We propose not to carry out endless anti-corruption checks and not to fine for outdated norms, but to reorganize the activities of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare and Health Protection as follows:
- Transfer standard development functions to independent experts and industry communities. The controlling body may have only an expert voice, but in no case decisive;
- Based on the fact that it is not necessary to regulate the process, but the result. The entrepreneur's task is to ensure quality in the most efficient and convenient way;
- Completely refuse all field and scheduled and unscheduled inspections, replace them:
* Departure for the purpose of prevention and training. The purpose of verification of complaints should not be a fine / penalty, but an assessment of the criticality of violations on an understandable criticality scale and recommendations for correcting problems if the violations are not critical;
* compulsory insurance in favor of the consumer and the introduction of differentiated insurance (similar to civil liability insurance - from the level of insurance claims for the year). In this case, the agency only controls the availability of insurance; if the violation is critical and led to poisoning or other significant violations, the situation must be resolved within the framework of the current legislation and should be covered by insurance payments;
* a production control program (PPC) at enterprises, according to which product samples are constantly handed over to an independent laboratory in order to assess their quality.
- To exclude the possibility of closing and suspending the activities of enterprises by decision of the Rospotrebnadzor. Give a deadline for resolving identified problems.
- To carry out a smooth transition in the activities of the department from control to training, as well as the transition to taking examinations from chefs in sanitary standards in uniform training centers, as is done, for example, when obtaining a driver’s license, as well as the mandatory presence of at least one trained and certified employee in the work shift of the enterprise. This is the norm by which many European countries and the United States work: on the one hand, the norm is costly, but reasonable. Its introduction may be extended for several years, but it will become a clear alternative to corruption checks.
Based on the foregoing, our suggestions and request to you are as follows:
- To instruct the Government of the Russian Federation to coordinate and accept in full the changes developed by experts and proposed by the industry in the recommendations of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare on the opening of enterprises after the crisis;
- To instruct the Government of the Russian Federation on changing the tax system for “human-intensive” industries;
- To instruct the Government of the Russian Federation to create, for a period of 2 months, a mobile working group of representatives of our industries at the site of the Agency for Strategic Initiatives or the Ministry of Industry and Trade to work out and agree by July 1, 2020 on the measures we have proposed to radically reduce the regulatory impact on entrepreneurs in our industries. Only the proposed steps will allow us to lift sectors of the economy out of the deepest crisis and give them the opportunity for development, which will simultaneously increase the GDP and the level of well-being of citizens. If this is not done, the entrepreneurs of our industries will massively go into the shadow business or permanently close their enterprises and dissolve millions of employees.
A detailed list of measures worked out by industries is attached in Appendix No. 2
All members of our associations and business associations, more than 300 thousand enterprises throughout Russia and 4.8 million employees behind them signed this letter. Federation of Restaurateurs and Hoteliers: 40,231 hotels and hostels, 122,056 cafes and restaurants 2.39 million employees..."