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The investment control pedal jammed

Minvostokrazvitiya proposed to press the control weaker, and the prosecutor's office - stronger

Today, a visiting board of the Prosecutor General’s Office and the Ministry for the Development of the Far East was held in Khabarovsk to find the answer to one difficult question: how to make investors in the Far East feel comfortable and invest and build. EastRussia listened attentively to a number of speakers to make only one, but not very comforting conclusion for investors.

The investment control pedal jammed
Collecting invoices for the joint collegium of the Prosecutor General's Office and the Ministry of Vostok, dedicated to the problems of investors, prosecutors and officials began about a month before the event. Business ombudsmen from the subjects of the Far Eastern Federal District were involved in the process, and they were offered to aggregate complaints and proposals of entrepreneurs. Entrepreneurs, according to EastRussia, to talk about their problems to the ombudsmen did not particularly rush - they say, it is not yet clear whether it will not be worse. Collected and summarized information Minvostokrazvitiya and management company - JSC "Corporation for the Development of the Far East" (KRED). There were rumors that at least one entrepreneur, the head of Dobroflot, Alexander Efremov, would lay out "the whole truth" on the collegium on the pressure on his siloviki business - the history of the criminal case against the fishing industry with the storming of the ship by special forces for allegedly smuggling has been dragging on since the spring of 2016.

Intensely prepared for the event and the supervisory authority. The Office of the Prosecutor General’s Office in the Far Eastern Federal District a couple of weeks before the arrival of the Prosecutor General Yury Chaika in Khabarovsk and the presidential plenipotentiary in the Far Eastern Federal District Yury Trutnev analyzed in detail all the cases of violation of investors' legal rights in the interdepartmental working group. Thus, it would seem that at the board itself nothing could surprise Mr. Chaika, and he seemed to be no longer able to ask his subordinates and officials questions that they did not even have a preliminary answer to. Everything turned out like this, but a bit different.

The alarming tone of the panel was asked by the first three speakers - Yuri Trutnev, Minister for the Development of the Far East Alexander Galushka and Deputy Prosecutor General for the Far Eastern Federal District Yuri Gulyagin. Mr. Trutnev mentioned both Dobroflot and the Kamchatka water park Miracle Island, which was commissioned in December 2016 and since then it has been checked by various control and supervisory authorities more than a dozen times. "In fact, we are moving a new path and are facing a lot of obstacles. Unfortunately, the pressure of the control and supervisory bodies is the main one: over the past two and a half years more than 130 thousand business checks have been conducted, "Yury Trutnev cited the basic figure.

The Deputy Prosecutor General Yuri Gulyagin then set out the complaints that the prosecutor's office causes the activities of the authorities: the legislation on the accelerated development of the Far East, as usual, adopted, but the enforcement is lame. Among the cases causing protests by prosecutor's offices at various levels, the deputy prosecutor’s office said that there were refusals to the investor to subsidize infrastructure costs due to the FTS’s debt in the amount of one penny, and delays in leasing land plots to the residents of the Free Port of Vladivostok (VWD) - Mr. Gulyagin mentioned about the five-month delay, but less than enough lasting. In addition, the supervisory authorities manage to ignore the requirements of the legislation on the coordination of inspections with respect to residents of the Advanced Development Territories (TOP) and the SST, while getting rid of it with administrative fines.

Alexander Galushka picked up the topic, mentioning both the subjects of the Far East that have fallen in the national rating of the investment climate, and about the "antiheroes" of administrative pressure: from the tax authorities, whose actions according to polls are complained about by 35% of entrepreneurs in the Far East, and to the Ministry of Internal Affairs, they are dissatisfied with the police 9,5 % of respondents. “When asked whether custom inspections are being carried out, only 5% of entrepreneurs answered negatively, and about whether there is a chance of winning in court against the control and supervisory agencies, 67% answered no or almost no. Half of the investors in the TOP and FPV faced inspections, although 80% of them have been working for less than a year. More than 420 inspections fell on 60 investors. 10% have been checked more than ten times, ”said Alexander Galushka.

What can lead to any, even the most successful business, control activities, was clearly demonstrated by Oleg Gerasimov, the commissioner for the protection of entrepreneurs' rights in the Khabarovsk Territory - he was allowed to speak 7 minutes on behalf of all Far Eastern business ombudsmen. Mr. Gerasimov also showed eloquent figures for the college, from which it became clear that the relations between business and supervisors are more like war than cooperation. For example, the ombudsman said, the courts, which entrepreneurs are starting to overstate the customs value of goods, in 74% of cases they are won in the Khabarovsk Territory and in 94% of cases in Primorye. But given that not all businessmen are ready to sue the FCS, the latter clearly wins in general.

At the same time, in the 2014 year, the inspectors left with the violations found in 98% of cases of planned inspections in the Khabarovsk Territory, and in 2015-2016 years brought this figure to the victorious 100%. And the detected violations and fines sometimes lead to the closure of business due to loss of business reputation - this situation occurred with "Pelmennaya No. 1", the owner of which was forced to close the company due to the loss of confidence in the networks, and now it can happen with the fishing collective farm "Vostok- 1. "

Three specific stories were told by the head of Dobroflot, Alexander Efremov (everyone was waiting for his speeches, and even President Vladimir Putin’s instructions), RFP Group President Konstantin Lashkevich and Kamchatka Governor Vladimir Ilyukhin made up the story. These cases caused questions and the desire to deal with them separately from both Yuri Trutnev and Yuri Chaika, which EastRussia will talk about in detail tomorrow.

Meanwhile, the elimination of blatant violations of the rights of individual investors will not correct the entire system, which all the participants of the college clearly understood. Therefore, the proposals of the majority of speakers were nevertheless systemic. The only trouble is that the coordinate systems they have - for the time being, as can be seen from the side, are somewhat different. To the honor of the organizers of the meeting, it was unreal to see, looking into the voluminous draft decision of the board, prepared and agreed, as usual, in advance. But it became clear, if you just listen carefully.

For example, Deputy Prosecutor General Yury Gulyagin suggested among other things to develop programs to stimulate investment and entrepreneurship in each FEF subject, where they do not yet exist, to strengthen control over the implementation of the state program for the development of the Far East and compliance with the timetable for the construction of the TOR infrastructure, and to strengthen control over the effectiveness of the KRVV , Which controls all TOP. At first glance, everything is logical. The main thing in any business is money. In this case, they are budgetary. This money goes through the state program - in accordance with the construction schedules - through the KRIA. And if everything is in order here, the infrastructure will be built, then investors, it turns out, will go to the Far East.

But the Minister for the Development of the Far East, Alexander Galushka, considered that the main thing in protecting investors is still different. About the obligations of the state, implemented through the Ministry of Regional Development and the KRDV, the minister did not mention, but in his proposals focused on the activities of control and supervisory structures. Investors will be fine if a risk-oriented approach is introduced with respect to planned inspections, followed from the proposals of the minister. At the press-approach after the board, he explained that the principle of risk-orientation is simple: the company voluntarily undertakes obligations to independently observe all requirements of the law, and then there will be no inspectors with scheduled inspections at its facilities at all. True, if there is a violation of the law, the investor loses the right to such a regime.

“Unscheduled inspections - more of them. It is necessary to change the legal acts, reducing the duration of unscheduled inspections to one day, and allow them to be carried out only in relation to the fact that caused the appeal. Further expansion of the subject matter of the verification is possible only with the approval of the prosecutor's office, if violations are revealed, ”suggested Alexander Galushka. But the “highlight” of his recipe for solving the problem, it seems, should be a new rating - this time the effectiveness of the activities of control and supervisory bodies. The minister suggested assessing the impact of audits on economic growth, the damage caused and lost economic gain, encourage the three best “supervisors”, and the three worst “supervisors” to dismiss.

It is interesting that the general director of the KRDV, Denis Tikhonov, in his speech and at all suggested applying the requirements of control and supervision regulations to investors-residents of TOP and SPV extremely selectively. From the list of what can be asked from the investor's enterprise, he proposed to exclude, for example, norms more than 15-year-old prescriptions, which were applied without anti-corruption expertise procedures and regulatory impact assessment. "I also propose to consider the possibility of creating a collegial body headed by a vice-premier or other high-ranking official who will consider proposals not to apply specific requirements to the residents of the TOR that interfere and do not give anything."

The paradox of this proposal, which, if implemented, will become a kind of quintessence of the inviolability of the investor, is that the TOP and SPV already have an extremely liberal regime - at least with regard to inspections of enterprises. But all this does not prevent the supervisory structures from ignoring the requirements of the legislation and checking the residents' efforts to verify - indeed terrifying examples on this account EastRussia will result in tomorrow's material.

Thus, the difference in the approaches even of the prosecutor's office and the Ministry of Eastern Development to what is hindering investors is obvious. In the first case, it is proposed to strengthen control and supervision, in the second - to weaken it.

How to handle this, at least interesting. And as investors - at least instructive.
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