Member Article

Previously established exceptions to the general ban, when unplanned inspections can still be executed by the regulator with the prosecutor’s approval, will survive, namely:

• {{(i)}} inspections of objects classified as of extremely high- and high-risk categories,

• {{(ii)}} inspections when the regulator identifies cases of threat to the life and health of citizens and the security of the country,

• {{(iii)}} as well as inspections based on risk indicators of mandatory requirements’ violation.

Please note that the list of risk indicators is continuously updated. As of 2023, new indicators were included in the list in the fields of data protection, control over the medicine turnover, and labor legislation. In 2024, we expect further update of the list and inclusion of new risk indicators. For instance, a bill excluding the ban on inspections in case of personal data leakage has been introduced into the State Duma2. According to the bill, Roskomnadzor’s receipt of information on unlawful or accidental personal data transfer, which violated the rights of their subjects, will constitute an independent ground for an unplanned inspection by the regulator.

Furthermore, despite the effective moratorium on unplanned inspections, the probability of a preventive visit by the regulator irrespective of the risk level of the object of control is not excluded.

Resolution of the Government of the Russian Federation No. 2140 dated December 14, 2023 “On Amending Resolution of the Government of the Russian Federation No. 336 dated March 10, 2022” Bill No. 518022-8 “On Amending Article 27 of the Federal Law “On Communications” and the Federal Law “On State Control (Supervision) and Municipal Control in the Russian Federation”