The court allowed the State Service of Ukraine for Food Safety and Consumer Protection to conduct inspections without warning

The Main Directorate of the State Service of Ukraine for State Service of Ukraine for Food Safety and Consumer Protection in Chernigov Oblast appealed to the Court of Appeal against the decision of the Primary Court - the Desnianskyi District Court of Chernihiv - on the suit of the enterprise for which the administrative penalty was imposed.

The basis for bringing the plaintiff to administrative liability was a fixed fact of non-compliance with the legal requirements of officials of the market surveillance authority. Thus, during the planned inspection of the characteristics of products for the distribution of electrical and electronic equipment, the business entity created obstacles to the performance of the duties assigned to them by officials of the State Service of Ukraine for Food Safety and Consumer Protection and did not allow them to be checked. In this regard, in respect of the business entity, a protocol on administrative violation was drawn up and an administrative penalty was imposed.

The enterprise demanded that the actions of the State Service of Ukraine for Food Safety and Consumer Protection, including the non-notification of a planned inspection of the characteristics of products, as provided for in the requirements of the Law of Ukraine "On the Main Principles of State Supervision (Control) in the Sphere of Economic Activity" be illegal.

Based on the results of the case, the Kyiv Administrative Court of Appeal confirmed that, in accordance with the Law of Ukraine "On State Market Supervision and Control of Non-food Products", regulating the conduct of product performance checks, there is no notification of a business entity to hold a planned event in the field of market surveillance.