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Implementation features internal financial control and audit

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Current Implementation Issues internal state financial control, internal financial control and audit

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Interior fin control created. It's all about efficiency

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WFC and interior control facts of economic life: similarities and differences

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Quality monitoring financial management and planning control activities

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Fin control" for financial controllers

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Implementation challenges internal financial audit

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Financial control : methodology and automation

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Single information space of the system financial control

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Get away from the total control

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Risk-oriented approach in the activity of Glavkontrol

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MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION

(MINISTRY OF FINANCE OF RUSSIA)

_____________ №______________

On approval of the standard for the implementation of internal public financial control

"OS 1. Standard for planning the control activities of the Federal Treasury (taking into account the use of a risk-based approach to planning)"

In accordance with paragraph 3 of Article 269.2 of the Budget Code Russian Federation(Collection, 1998, No. 31, Art. 3823; 2013, No. 31, Art. 4191; 2016, No. 1 (Part I), Art. 26; 2016, No. 27 (Part II), Art. 4278) subclause 5.2. 30 paragraph 5.2. Regulations on the Ministry of Finance of the Russian Federation, approved by Decree of the Government of the Russian Federation of 01.01.01 No. 000 (Collected Legislation of the Russian Federation, 2004, No. 31, Art. 3258; 2013, No. 36, Art. 4578), s in a yu:

1. Approve the standard for the implementation of internal state financial control "OSGVFC 1. Standard for planning the control activities of the Federal Treasury (taking into account the use of a risk-based approach to planning)".

2. This order comes into force on ______ 2017.

Approved

order of the Ministry of Finance

Russian Federation

from "___" __________201_ No._____

Standard for the implementation of internal public financial control

"OS 1. Standard for planning the control activities of the Federal Treasury (taking into account the use of a risk-based approach to planning, assessing the risks of violations by objects of control)"

I. General provisions

The general standard for the implementation of internal state financial control OS 1 "Standard for planning the control activities of the Federal Treasury (taking into account the use of a risk-based approach to planning, assessing the risks of violations by objects of control)" was developed in order to increase the efficiency of federal budget expenditures, which is one of the priority areas activities of the Government of the Russian Federation, taking into account the best international and domestic practice This Standard is applied subject to other general and special standards and (or) other documents regulating the exercise of certain control powers of the Federal Treasury, in terms of planning the activities of the Federal Treasury. The purpose of this Standard is to establish general principles, rules, requirements and procedures for planning control measures of the Federal Treasury, taking into account the risk-based approach, as well as accounting for unscheduled control measures. The objectives of this Standard are: defining the goals, objectives and principles of planning; establishing the procedure for planning control activities; establishing the procedure for adjusting and monitoring the implementation of plans for control measures; requirements for the procedure for accounting for unscheduled control activities. The standard is applied by the Federal Treasury when exercising the powers of internal state financial control, including: control over compliance with the budgetary legislation of the Russian Federation and other normative and regulatory ones; control over the completeness and reliability of reporting on the implementation government programs, including reporting on the execution of government assignments. The Standard is not applicable in the exercise of other powers of the Federal Treasury not specified in paragraph 5. By decision of the Federal Treasury, the Standard may be applied in the exercise of other powers. If there are contradictions in terms of planning control activities in the text of this Standard and the documents (standards) regulating the exercise of the powers specified in paragraph 5, the use of this Standard is a priority. Control activities are divided into scheduled and unscheduled and are carried out through scheduled and unscheduled control activities. Planned control measures are carried out in accordance with the plan of control measures of the Federal Treasury. Unscheduled control measures are carried out on the basis of the decision of the head (deputy head) of the Federal Treasury (its territorial body), adopted:

in case of receipt of appeals (orders) from the President of the Russian Federation, the Administration of the President of the Russian Federation, the Government of the Russian Federation, the Office of the Government of the Russian Federation, the Minister of Finance of the Russian Federation, the Investigative Committee of the Russian Federation, other state and municipal bodies, deputy requests, appeals from citizens and organizations;

in case of receipt by an official of the Federal Treasury (its territorial body) in the course of execution official duties information about violations of legislative and other acts on issues related to the scope of the Federal Treasury, including from;

in cases provided by law of the Russian Federation (including in the cases provided for in paragraphs 38, 47 and 67 of the Rules for the exercise by the Federal Treasury of powers to control in the financial and budgetary sphere, approved by the Decree of the Government of the Russian Federation "On the procedure for the exercise by the Federal Treasury of powers to control in the financial and budgetary sphere").

II. Terms and Definitions

In this Standard, the following terms are used with the meanings specified.

Control measures - organizational form implementation of control activities.

An identical control measure in relation to the object of control is understood as a control measure in relation to the same subject of control, subject of control, period under review.

For the purposes of this Standard, the following definition of the term “risk” is used: the probability of causing harm.

At the same time, damage is understood as additional expenses, federal budgetary, autonomous institutions which are carried out or need to be carried out as a result of the violation of the terms of the document committed by the object of control, which is the legal basis for the occurrence and implementation of expenses, the provision of funds from the budget, the allocation of budget funds, the state contract; and (or) budget expenditures that need to be made to restore (acquire) lost (damaged) state property; and (or) federal budget revenues to be received in case of non-commission (prevention) of a violation by the object of control.

Mandatory requirements - conditions, restrictions, prohibitions, obligations imposed on the implementation of the activities of objects of control, the commission of actions by them, the results of the implementation of activities or the commission of actions, their use in the implementation of these activities, established in order to protect legally protected values ​​by international treaties of the Russian Federation, acts of bodies of the Eurasian Economic Union, federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, municipal regulatory legal acts. Strength mandatory requirements also have documents that are not regulatory legal acts (for example, documents developed by the objects of control themselves, as well as organizations), if the obligation to comply with the provisions of these documents is provided for by the legislation of the Russian Federation.

Risk - oriented approach - a method of organizing and implementing state financial control, in which, in the cases provided for, the choice of intensity (form, duration, frequency) of control measures is determined by assigning the activity of the object of control and (or) to a certain category of risk or a certain class (category) danger.

Risk classifier - a form of recording information about an identified risk. A document that contains a coded list of possible risks of carrying out activities by objects of control that are the subject of control of the internal state financial control body.

A risk map is a document that includes an object-by-object calculation of the total potential risk in order to form a risk rating of control objects, which is a source of information for preparing a draft plan for control measures of the Federal Treasury.

Risk rating of control objects - a list of control objects, ordered by numerical values ​​of the total risk of control objects in accordance with the procedure established by this standard, and which is a source of information for preparing a draft plan for control measures of the Federal Treasury.

Planning of control activities based on a risk-based approach is the process of selecting objects of control depending on the degree of risk of causing damage by objects in order to be included in the plan of control measures of the Federal Treasury for the corresponding financial year.

The plan of control measures of the Federal Treasury (hereinafter referred to as the Plan) is a document establishing a list of control measures planned for implementation.

III. Unified procedure for planning the control activities of the Federal Treasury, taking into account the risk-based approach

The planning of the control activities of the Federal Treasury, taking into account the risk-based approach, is carried out in order to effectively implement the relevant control powers. The use of a risk-based approach when planning control activities, depending on the degree of risk of causing damage by control objects (hereinafter referred to as risk), should significantly increase the efficiency of spending resources on the functioning of the Federal Treasury by concentrating efforts on the most significant areas, as well as optimize the load on control objects. The tasks of planning are: optimization of the control load on the objects of control, the implementation of which is associated with a high probability of causing significant damage (risk-based approach); optimization of resources allocated for the implementation of the control activities of the Federal Treasury, by increasing the efficiency of their spending; minimization of damage, including to state property, caused by objects of control; improvement of performance indicators (including financial and economic) of control objects. The planning of control activities is based on a risk-based approach, taking into account the following principles:

the relationship between strategic, medium-term1, annual and current planning (current planning means semi-annual, quarterly, monthly planning - if any);

In early March, in his message to the Federal Assembly, Vladimir Putin said that the control and supervision system should be transferred to a risk-based approach within two years. On the this moment the reform of control and supervisory activities is underway, it was approved in December 2016, the implementation period is until 2025.

What is this risk-based approach? We will tell in the new text of Milknews under the heading “In simple words”.

The risk-based approach is used in control and supervision activities and involves reducing the number of government inspections in areas where the risk of violations is lower. Thus, he should reduce the administrative burden on conscientious enterprises.

The essence of a risk-based approach in any area is to reduce risks: control in high-risk areas is increased, and in safer areas it is reduced or absent. This allows you to take the necessary measures in time, where necessary, and save resources to a large extent. Thus, resources are distributed unevenly, depending on the risk, and this affects both the frequency and the depth of inspections.

How does it work now?

At the moment, the risk-based approach is manifested in the fact that for a small company, the supervisory authority may limit itself to the simplest risk assessment procedure, while for large institutions a more comprehensive review will be applied.

The very approach to risk management initially appeared in the financial sector, the activities of whose participants involve significant risks - banks, insurers, investment funds seek to manage them in order to set prices for their services. Interest rates on loans, the value of securities and the amount of insurance premiums directly depend on the risks that the company takes on.

Due to the initial similarity of the work of risk management departments in financial companies and internal control services, the risk-based approach was introduced first into traditional audit, and then into other types of control and supervision, including the state one.

At the same time, the system was simplified - if the financial sector uses economic and mathematical models for calculating risks with an accuracy of tenths of a percent, then in other areas it is enough to divide risks into danger groups, which we now see in the activities of control agencies.

Where is it written?

The application of the approach in the organization of state control is enshrined in Article 8.1 of the Federal Law of December 26, 2008 No. 294-FZ “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control”.

Its main goal is the optimal use of labor, material and financial resources in the implementation of state control, reducing costs for those who are controlled and increasing the effectiveness of inspections.

To implement the approach in state supervision, the following classification of hazard levels is used:

  • short,
  • moderate,
  • average,
  • significant,
  • high,
  • extremely high.
This is a basic model, departments can “adjust” it for themselves, modifying it. Assignment to one or another category of risks depends on the likelihood of negative consequences, the scale of their spread, as well as the difficulty of their resolution. If an object is classified as an extremely high, high and significant hazard class, the state control authority places information about it on the website - this is how the promised principle of openness is manifested, excluding "custom" checks.

How does the approach change the work of departments?
Rosselkhoznadzor

In the activities of the Rosselkhoznadzor, a risk-based approach is used in state land control, quarantine phytosanitary control, as well as veterinary supervision and veterinary control at the border.

In his report, Deputy Head Federal Service for Veterinary and Phytosanitary Supervision Nikolai Vlasov notes that the agency was preparing for the reform and back in 2007 asked the question of optimizing control and supervisory activities, but could not avoid difficulties in the transition.

First problem risk assessment criteria became: it was not clear in which case to apply selective checks, and in which to carry out total control.
Second problem access to data on organizations became available - before the reform there was no system for registering enterprises as a property complex, there was only a system for registering enterprises as entities economic activity. In this regard, the supervisory authority had a problem when a large agricultural holding with many sites (each of which is subject to separate control methods) had one TIN, and it was difficult to control the types of activities in the register.

Since September 2017, the risk-based approach has been applied when checking legal entities and individual entrepreneurs in relation to agricultural land, for them criteria are established for classifying objects of state supervision as a certain risk category, the frequency of scheduled inspections depending on the assigned category. Three risk categories have been introduced: medium, moderate and low.

In relation to land plots referred to the medium risk category, the frequency of scheduled inspections is established no more than once every three years. The frequency of scheduled inspections for land plots of the moderate risk category is no more than once every five years, and for plots classified as low risk, scheduled inspections are not carried out.
In 2017, the Rosselkhoznadzor developed the above criteria, approved them, and also prepared a rationale for categorizing objects in accordance with the basic model for determining risk criteria and categories.

To develop the application of a risk-based approach in the field of land supervision, Rosselkhoznadzor is finalizing information system"Cerberus" to create and maintain registers of supervised objects. This year, scheduled inspections of legal entities and individual entrepreneurs have already been formed taking into account risk criteria.
The department also uses the form of a checklist - a list of control questions for the person being checked. Based on them entity or individual entrepreneur can independently, even before checking, assess the compliance of the object with the hazard class.

The specified form of the checklist was approved by the order of the Rosselkhoznadzor dated September 18, 2017 No. 908 “On approval of the form of the checklist (list of checklists) used officials Territorial Bodies of the Federal Service for Veterinary and Phytosanitary Surveillance during Scheduled Inspections as part of State Land Supervision”, the order came into force in December 2017. From that moment on, Rosselkhoznadzor and its territorial departments apply checklists in all scheduled inspections.

Rospotrebnadzor

Rospotrebnadzor was one of the first federal executive bodies in 2014 to start implementing risk-based supervision. The number of inspections carried out by Rospotrebnadzor from 2008 to 2015 decreased by 4 times: from more than 1 million inspections to 265 thousand (the number of scheduled inspections decreased by 7.5 times, unscheduled - by 2.2 times).
The draft of the relevant government decree has been published on the Single portal for posting draft legal acts.
In relation to those being checked, the risk calculation takes into account:

  • hygienic importance,
  • law-abiding (number of detected offenses),
  • affected population,
  • volumes of products or services rendered, etc.
Revealing a large number offenses automatically increases the hazard class of the supervised object, i.e. the level of danger depends not only on compliance with the criteria.
  • if the indicator of the potential risk of harm in property terms is more than 10 million rubles, then the organization or individual entrepreneur will correspond to an extremely high risk;
  • if the indicator of the potential risk of harm is from 1 million rubles. up to 10 million rubles, - high risk;
  • from 100 thousand rubles up to 1 million rubles - significant risk
  • from 10 thousand rubles up to 100 thousand rubles, - medium risk;
  • from 1 thousand rubles up to 10 thousand rubles - moderate risk;
  • less than 1 thousand rubles. - low risk.
Scheduled inspections in relation to legal entities and individual entrepreneurs will be carried out depending on the risk category assigned to their activities with the following frequency:
  • for the category of extremely high risk - once in a calendar year;
  • for high risk - once every 2 years;
  • for significant risk - once every 3 years;
  • for medium risk - no more than once every 4 years;
  • for moderate risk - no more than once every 6 years.
In relation to the low-risk category, scheduled inspections by Rospotrebnadzor are not carried out.

How does it work in the world?

The basic concept of RPR implementation in other countries of the world is no different. At the initial stage, it is developed normative base and supervision tools, the development phase involves strategic planning and risk-oriented documents for all industries, and the implementation phase implies regular updating of the regulatory framework and evaluation of results.

Frequent problems faced by the EU countries in the transition to a risk-based approach turned out to be an insufficiently developed regulatory framework and the simultaneous use of old and new normative documents, as well as fuzzy strategy and risk-averse planning.

The main idea of ​​risk-based regulation is that you cannot regulate and control everything effectively, full control economically impractical.

In accordance with the American pyramid of law enforcement practice, control over the implementation of mandatory requirements should take place as follows: at the first violation, the enterprise is issued a warning, deadlines are set for correcting the situation, and a second check is made. In the second - a fine if the violation is not eliminated. In the event of a subsequent violation, a temporary suspension of activities is carried out, and then the facility or enterprise is closed.

Denmark

On the example of Denmark, the expert of the International Financial Corporation(IFC) Gordana Ristic explained that in order to find the source of problems in the control and supervision activities of the market food products a farm-to-fork traceability chain is used, and if problems are identified in one of the links in the chain, regulatory authorities should contact the responsible party for verification.

Control is also carried out according to 5 hazard groups, but in Denmark there are also so-called. elite groups - the standard frequency of inspections is 0.5 per year (i.e. once every 2 years), and if the last 4 reports with the results of inspections did not provide for penalties, the company receives the status of an elite company and the number of inspections relative to it is reduced (from 5 to 3 in the highest risk group and from 3 to 1 in the highest). Besides, nice bonus for the company it becomes that it can use the badge of its elite status in marketing, for example, in advertising or labelling.

In November 2017, the World Bank held a seminar on risk-based approach, during the seminar Professor Gordana Ristic presented a report on risk indicators for sanitary and epidemiological surveillance.

First of all, the effectiveness depends on the correct analysis of the real threats that arise on the objects being checked. So, for example, food production should have different levels risk depending on the methods of processing products and the potential hazard to the consumer.

“Two identical businesses will have different risks due to different products. Fresh milk is more dangerous than pasteurized milk,” Ristic said.

According to international practice, administrative measures applied by supervisory authorities should be a flexible instrument of influence. Enterprises should be given a certain amount of time to correct violations and only then, in case of further non-compliance, be punished.

The expert also pointed out the importance of training inspectors. According to Ristic, “A modern inspector should be aware of good practices, skills, technologies. During the review, he must evaluate both the infrastructure and the processes.”

Regarding checklists, the expert emphasized that checklists should be a convenient tool for identifying risks, and not just copying legal norms. The way processes take place in an enterprise is more important than a formal assessment of the infrastructure.

In general, in the practice of introducing RBA in the EU, it was concluded that inspection control can stimulate companies, or it can have the opposite effect - long and frequent checks to issue a fine cannot improve the company's performance.

Ratings

On the whole, of course, from the outside, the reform looks like a positive change that makes life easier for business. Deputy Minister economic development, one of the initiators of the transition to the ROP, Savva Shipov, told the Russian Economic Forum that the decision to conduct an inspection should not be made by a specific inspector, but based on the degree of risk, Shipov explained.

"For example, a complaint is received about some violations. It is necessary to assess what requirements are being violated, how much the violation carries with it a danger - causing harm to life, health, property, how much you can trust the source of information, and so on. Therefore, we believe that unscheduled inspections are gradually should switch to a risk-based approach, and if indicators work that the risk is really high, then an audit is carried out, if not, then an audit is not needed," Shipov said.

However, representatives of business and consumer societies, the reform caused a different reaction.

Dmitry Yanin, Chairman of the Board of the International Confederation of Consumer Societies (ConfOP), in a conversation with Milknews, criticized the ongoing reform and linked the changes to the unwillingness to finance control bodies.

“In my opinion, the CPV reform was initiated out of desperation. This is due to the unwillingness of the state to finance effective supervision, unwillingness to provide compensation packages to supervisory authorities, salaries and social guarantees to inspectors.

The initiators of the reform proceed from the fact that, in their opinion, any inspector is a bribe taker and a corrupt official, and an inspector cannot honestly work for 25-30 thousand rubles. Therefore, instead of initiating an increase in the level of salaries for employees and monitoring the adequacy of spending by departments, we have been implementing a strategy for more than 10 years to complicate the activities of control and supervisory bodies.

The main document - the law on the control of legal entities in the implementation of CND - actually reduced the effectiveness of control and supervisory measures. We have not found a practice in any EU country when an organization is warned about unscheduled inspection per day - there are no such restrictions anywhere, because after a warning it is inefficient to send government officials for verification. Reform officials who, together with big business and supervisory authorities, are quite loyal to meager fines for consumer fraud and falsification, we do not have very high fines for violations of the requirements technical regulations. Therefore, the trend continues, the quality and number of supervisory agencies will decrease, and business will continue to write the rules of the game, based on the conditions “do not interfere with doing what you want.”

I am calm about other changes, such as ranking and cosmetic changes in legislation, the key problem is underfunding and a low level of fines, problems in legislation, the inability for consumers to massively defend their interests through the courts (for example, in the USA there are class action lawsuits filed by consumer societies , in some countries the supervisory authorities can take legal action not only to remove products from the shelves, but also from the entire market, including the payment of compensation).”

First vice-president of OPORA RUSSIA Vladislav Korochkin told Milknews that business is absolutely positive about the reform and "participates in it in the most direct way." According to Korochkin, the advantages are the restructuring of the relationship between enterprises (and all, not just business) from an outdated, largely imposed by external agents, paradigm to a modern, more efficient and less burdensome for both the state and society. The downside is that the reform is not going as fast as it needs to be.

“Those 2-3% additional GDP growth, which, according to estimates, could give new system, the country is still losing. To what extent will the transition to a risk-based approach make life easier for entrepreneurs? Very seriously. This includes reducing the number of expensive scheduled inspections, and getting rid of many "exotic" and paradoxical mandatory requirements, which, apart from doubts about the adequacy of state representatives presenting them, did not give anything, ”Korochkin said.

When asked whether a significant reduction in the number of inspections is not the state’s unwillingness to finance supervision, the expert explained that effective control can (and should) be built without routine inspections by government agencies at all. “The best world practices clearly show this. Especially today, when there are thousands of ways to ensure control using a variety of technical devices. In addition, there is an insurance practice and work Self-regulatory organizations. Quite positive."