Inspections are permitted again: how businesses can prepare
5 February 14:58
Ukraine is gradually resuming the practice of state inspections, particularly in the areas of ecology and subsoil use. The Cabinet of Ministers of Ukraine has amended Resolution No. 303 of March 13, 2022, which regulates the exercise of state supervision (control) under martial law. This was reported by "Komersant Ukrainian" with reference to the Association of Environmental Professionals (PAEW).
The updated rules expand the possibility of conducting control measures, primarily in terms of verifying compliance with previously issued orders. This effectively paves the way for the return of inspection activities for certain regulatory authorities.
What exactly is changing
The amendments to Resolution No. 303 allow regulatory authorities to more actively verify compliance with orders previously issued to enterprises. Formally, this does not mean a full resumption of all inspections, but this format is one of the most sensitive for business.
An increase in inspection activities is expected from:
- the State Environmental Inspection
- state geological control authorities in the field of subsoil use.
These areas are traditionally among the most risky in terms of fines and sanctions.
Why inspections of compliance with regulations are a high-risk area
Experts emphasize that inspections of compliance with regulations often carry greater risks than initial inspections. The reasons are systemic:
- an unfulfilled or partially fulfilled regulation may become the basis for new fines, suspension of activities, or lawsuits;
- inspectors assess not only formal compliance with requirements, but also the reality and effectiveness of the measures implemented;
- the absence or weakness of evidence (acts, photographs, reports, expert opinions) significantly weakens the position of the enterprise.
Many companies have actually complied with the requirements, but without proper documentation, which can be critical during an inspection.
What businesses should do now
Lawyers and environmental consultants advise not to wait for the inspectors to visit, but to take proactive measures. The minimum checklist for companies looks like this:
- conduct an internal audit of the implementation of all previously received orders;
- check the availability of supporting documents (orders, contracts, work completion reports, expert conclusions);
- assess the compliance of the actual state of the facilities with the requirements of the law;
- prepare responsible employees to communicate correctly with inspectors.
Experts emphasize that under the new conditions, inspections are primarily a legal process where documents, rather than explanations, play a decisive role.
Control is returning gradually but systematically
Although the full restoration of state supervision during martial law has not been formally announced, the trend is obvious. The state is gradually returning control functions in sensitive areas — primarily those related to environmental safety, subsoil use, and potential risks to the environment.
For businesses, this means the need to adapt to a new reality where inspections are once again part of operational risks.
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