Business calls on the State Service of Ukraine for Food Safety and Consumer Protection to stop unscheduled inspections
14 February 09:42
The member companies of the European Business Association report that their activities are being hindered by an increase in the number of unscheduled inspections of compliance with legislation on the prevention and reduction of tobacco use and its harmful effects on public health. This is stated in a statement posted on the website of the European Business Association, Komersant ukrainskyi reports.
According to business representatives, these inspections are mostly carried out on the basis of appeals from individuals and without proper justification, and this affects the judicial review of such cases.
“Due to the lack of proper substantiation in the complaints of individuals, the court cannot 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 establishes the illegality of such actions of the State Service of Ukraine on Food Safety and Consumer Protection, and the fines imposed on the companies are recognized as illegal and canceled,” the statement said.
In this regard, the European Business Association reminded that in April 2023, Order of the Ministry of Health of Ukraine No. 522 exempted some unscheduled inspections from the state moratorium in force during the martial law period. Since then, many decisions of the State Service of Ukraine on Food Safety and Consumer Protection based on the results of unscheduled inspections have been challenged in court.
The EBA experts also draw attention to the conclusions set out in the decision of the Supreme Court of January 20, 2025 in case No. 140/1046/24. The court found that the Ministry of Health, in adopting Order No. 522, exceeded its authority. As a result, the EBA says, the inspections of the State Service of Ukraine on Food Safety and Consumer Protection and the resolutions adopted based on their results can be considered illegal.
The EBA emphasizes the need to take into account the court practice on this issue and appeals to the Head of the State Service of Ukraine on Food Safety and Consumer Protection and the First Vice Prime Minister of Ukraine – Minister of Economy of Ukraine with proposals:
– to stop unscheduled measures of state supervision (control) over compliance with the legislation in the field of prevention and reduction of tobacco use and their harmful effects on public health, which were agreed by the State Service of Ukraine on Food Safety and Consumer Protection;
– continue to conduct unscheduled inspections only in exceptional cases (in the presence of specific circumstances that pose a threat to the rights, legitimate interests, human life and health, environmental protection and security of the state or the fulfillment of Ukraine’s international obligations) and only upon individual decisions of the Ministry of Health of Ukraine.
How often are such inspections conducted?
In 2024, the State Service of Ukraine on Food Safety and Consumer Protection carried out 250 unscheduled inspections of business entities at the request of citizens.
According to Andriy Kreitor, Deputy Head of the State Service of Ukraine on Food Safety and Consumer Protection, more than 70% of the inspected facilities revealed violations of anti-tobacco legislation.
What are the most common violations?
violation of requirements for medical warnings and labeling – 2.7%;
smoking or using devices in places where it is prohibited (except for catering establishments) – 6.5%;
smoking or providing hookah services in restaurants – 17.9%;
lack of information warnings in public places – 16.4%;
advertising and promotion of tobacco products – 56.5%.
Based on the results of the inspections, 172 business entities received financial sanctions totaling UAH 6.9 million, of which UAH 5 million was paid voluntarily.
What fines are imposed on violators
The State Service of Ukraine on Food Safety and Consumer Protection reminded that the fines are as follows:
smoking in prohibited places – UAH 3 thousand
violation of the ban on advertising or promotion of tobacco products – UAH 30 thousand
repeated violation of the ban on advertising or promotion of tobacco products within a year – UAH 50 thousand.
