Ukrainian companies called on the State Food and Consumer Service to stop unscheduled inspections
Companies that are part of the European Business Association (EBA) report obstacles in their activities due to increased unscheduled inspections regarding compliance with legislation in the field of prevention and reduction of tobacco consumption, as well as their impact on public health. About this it is said in the statement of the EBA.
“Companies that are members of the European Business Association report that their activities are hindered in connection with the strengthening of unscheduled inspections for compliance with the legislation in the field of preventing and reducing the use of tobacco products and their harmful effects on the health of the population. Such inspections are mostly carried out on the basis of requests from individuals and without proper justification.” – EBA representatives note.
As stated in the message, back in April 2023, by order of the Ministry of Health No. 522, certain unscheduled inspections were removed from the state moratorium established during the period of martial law. Since then, many decisions of the State Production and Consumer Service based on the results of such inspections have been contested in court.
“Due to the lack of proper justification in the complaints of individuals, the court was unable to establish the circumstances of the violations and the damage caused to their rights, legitimate interests, life or health, or the security of the state. As a result, the court established the illegality of such measures of the State Production and Consumer Service, and the fines imposed on the companies were recognized as illegal and canceled.” – noted in the Association.
EBA specialists refer to the Supreme Court’s decision of January 20, 2025 in case No. 140/1046/24, according to which the Ministry of Health, by adopting order No. 522, exceeded its powers. As a result, the inspections of the State Production and Consumer Service and the resolutions adopted based on their results are recognized as illegal.
“The association considers it necessary to take into account judicial practice on this issue and appeals to the head of the State Production and Consumer Service and the First Deputy Prime Minister – the Minister of Economy with proposals. The European Business Association hopes to take into account the position and arguments of business in the context of conducting unscheduled inspections.” – the EBA emphasized.
The business asks to suspend the unscheduled checks on compliance with legislation in the field of tobacco control, which were approved by the State Production and Consumer Service. The EBA emphasizes the need to carry out such inspections only in exceptional cases, when there are specific grounds that pose a threat to the rights, legitimate interests, life and health of citizens.
