Silent consent explained, TOV “ETC “IKAR” can continue to audit hazardous sites

Other state regulators StateGeoCadastre Kharkiv region

Subject of complaint:  State Service of Ukraine on Labor Issues (SSULI), Labor Department of SSULI in Kharkiv Oblast 
Complaint in brief: In May 2016, the Complainant, Kharkiv company TOV “ETC “IKAR”, specializing in technical audits of hazardous facilities, lodged a complaint with the BOC. The Complainant reportedly was being obstructed in its commercial activity by the Labor Department in Kharkiv Oblast, and been unable to obtain approval to conduct the engineering works in Kharkiv Oblast based on the principle of silent consent established the Labor Department itself, after the company relocated from Crimea
Actions taken: On May 23, the BOC filed a request with SSULI to officially investigate the evidence presented that officials at the labor department in Kharkiv Oblast were obstructing the Complainant’s normal commercial activity. The BOC also requested SSULI to explain the principle of silent consent for the BOC, the labor department in Kharkiv Oblast and the Complainant regarding the option of conducting an expert audit of hazardous facilities on that basis.
On July 7, the Council received a letter from SSULI, claiming that an official investigation of the Complainants claims had revealed no evidence of unnecessary obstruction of normal commercial activity on the part of officials at Labor Department in Kharkiv Oblast.
On July 11, the Council received a second letter from SSULI, clarifying the applicability of the silent consent principle to the BOC, to the labor department in Kharkiv Oblast, and to the Complainant during expert audits of hazardous facilities.
Result achieved: The BOC closed the case as having been partly resolved in favor of the Complainant: the BOC had helped obtain the confirmation of its right to continue its regular activity.
Given that the BOC had received the same complaint repeatedly from the Complainant, the Council decided to further monitor potential abuse of office towards TOV “ETC “IKAR” on the part of officials, in order to undertake more serious measures should such circumstances arise in future.

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