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Business calls on the State Service of Ukraine on Food Safety and Consumer Protection to stop unlawful inspections

13/ 02/ 2025
  Member companies of the European Business Association report obstacles to their operations due to an increase in unplanned inspections regarding compliance with legislation on the prevention and reduction of tobacco product consumption and their harmful impact on public health. These inspections are mostly conducted based on individual complaints without proper justification. Notably, in April 2023, the Ministry of Health of Ukraine issued Order No. 522, which excluded certain unplanned inspections from the state moratorium in place during martial law. Since then, many decisions by the State Service of Ukraine on Food Safety and Consumer Protection (SSUFSCP) following such inspections have been legally challenged in court. Due to the lack of proper justification in individual complaints, courts have been unable to establish violations or determine any harm caused to complainants rights, legitimate interests, life, health, or national security. As a result, courts have ruled these inspections unlawful, and the imposed fines on companies have been declared illegal and annulled. The Association’s experts also refer to the conclusions of the Supreme Court ruling of January 20, 2025, in case No. 140/1046/24, which determined that the Ministry of Health exceeded its authority in issuing Order No. 522. Consequently, inspections carried out by SSUFSCP and decisions based on their results have been deemed unlawful. The EBA emphasizes the need to consider judicial practice on this matter and addresses the Head of SSUFSCP and the First Deputy Prime Minister – Minister of Economy of Ukraine with the following proposals: Suspend unplanned state supervision (control) measures concerning compliance with legislation on the prevention and reduction of tobacco product consumption and their harmful impact on public health, which have been authorized by SSUFSCP. Limit future unplanned inspections to exceptional cases where specific circumstances pose a threat to human rights, legitimate interests, life, health, environmental protection, national security, or Ukraine’s international obligations. Such inspections should only be conducted based on individual decisions by the Ministry of Health of Ukraine. The European Business Association hopes that the position and arguments of the business community will be duly considered regarding unplanned inspections.

Member companies of the European Business Association report obstacles to their operations due to an increase in unplanned inspections regarding compliance with legislation on the prevention and reduction of tobacco product consumption and their harmful impact on public health. These inspections are mostly conducted based on individual complaints without proper justification.

Notably, in April 2023, the Ministry of Health of Ukraine issued Order No. 522, which excluded certain unplanned inspections from the state moratorium in place during martial law. Since then, many decisions by the State Service of Ukraine on Food Safety and Consumer Protection (SSUFSCP) following such inspections have been legally challenged in court.

Due to the lack of proper justification in individual complaints, courts have been unable to establish violations or determine any harm caused to complainants’ rights, legitimate interests, life, health, or national security. As a result, courts have ruled these inspections unlawful, and the imposed fines on companies have been declared illegal and annulled.

The Association’s experts also refer to the conclusions of the Supreme Court ruling of January 20, 2025, in case No. 140/1046/24, which determined that the Ministry of Health exceeded its authority in issuing Order No. 522. Consequently, inspections carried out by SSUFSCP and decisions based on their results have been deemed unlawful.

The EBA emphasizes the need to consider judicial practice on this matter and addresses the Head of SSUFSCP and the First Deputy Prime Minister – Minister of Economy of Ukraine with the following proposals:

  • Suspend unplanned state supervision (control) measures concerning compliance with legislation on the prevention and reduction of tobacco product consumption and their harmful impact on public health, which have been authorized by SSUFSCP.
  • Limit future unplanned inspections to exceptional cases where specific circumstances pose a threat to human rights, legitimate interests, life, health, environmental protection, national security, or Ukraine’s international obligations. Such inspections should only be conducted based on individual decisions by the Ministry of Health of Ukraine.

The European Business Association hopes that the position and arguments of the business community will be duly considered regarding unplanned inspections.

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