The regulatory impact assessment procedure is a special analysis of the goals and problems of state (territorial) government. Within its framework, a search is carried out for alternative options for implementing the tasks, determining the benefits and costs of the subjects of commercial and other activities, consumers who are subject to administrative influence. This allows you to develop the most effective management programs. Next, we consider in more detail the regulatory impact assessment methods.
General information
Regulatory impact assessment is performed to improve management. To accomplish this task, a detailed formalized analysis of the consequences of influence on various social groups and society as a whole is used. Today, there are no unified methods for assessing regulatory impact. In a number of countries, such an analysis is enshrined in law. For example, the constitution of Switzerland, France contains relevant provisions. At the same time, the methodology for assessing regulatory impact varies depending on the political structure of the state. When choosing a particular path, the areas to which this analysis is directly directed are also of no small importance. In this regard, the procedure for assessing the regulatory impact also varies.
Classification
The types of regulatory impact assessment vary depending on the conditions for its introduction in the country. So, in the Czech Republic, South Korea, for example, a rigid ODS is not provided. But at the same time, general criteria are declared, under which the analysis is introduced with the proof of its feasibility. Other types of regulatory impact assessments are directly related to the adoption of regulations. In particular, in Canada and the United States, for example, ODS is complied with when a budgetary provision is issued. In the Netherlands and the UK, regulatory impact assessments are carried out with the adoption of an appropriate management regulation.
Main stages
Guided by the teaching materials of the Australian Department of RW, which is the competent authority, the regulatory impact assessment includes the following steps:
- Formulation and description of the problem.
- Evidence of the need for ODS.
- Defining the objectives of the procedure.
- Description of probable options for the implementation of tasks.
- Analysis of certain alternatives (including through the assessment of benefits and costs).
- Consultations.
- Conclusion on regulatory impact assessment.
- Execution of the selected alternative and subsequent monitoring.
The legislative framework
In order to implement the Presidential Decree of 05/05/2012, the Federal Law was developed and approved that defines amendments to the Federal Law, which establishes general principles for the formation of representative and executive structures of state power in the regions of the Russian Federation and Art. 46 and 7 of the Federal Law, which regulates the general criteria for the organization of territorial (local) self-government in the Russian Federation. These adjustments concern the issues of assessing the regulatory impact of regulations and their expertise. The Federal Law provides for the consolidation of a program for analyzing draft legal documents prepared in the country's subjects and municipalities. In addition, the rules governing the examination of existing regulations are regulated. The purpose of these additions is the provision of information and methodological assistance to municipalities on the implementation of the institution of regulatory impact assessment in the legislative process.
Specificity of influence
Today, the successful social and economic development of the country depends on the quality of state economic regulation. Government bodies should use a systematic approach that would ensure the maximum efficiency of the legislative process. Illiterate poor regulation negatively affects the state of society. With an insufficiently clear regulatory impact, high costs are generated for complying with the standards adopted for citizens and business, the process of public administration is complicated, and uncertainty increases. All this ultimately leads to failure to achieve the objectives.
Specificity of Norms
Most legal acts on state regulation, which are developed and adopted at the federal, subject and municipal levels, affect the interests of different social strata. In this regard, during the development of their projects, many aspects should be taken into account that are associated with the likely consequences of their implementation in practice for a particular category of persons. At the same time, at this stage, many methods of exposure may not be visible or difficult to detect at first glance. Therefore, in the course of norm-setting, mechanisms are necessary, through which it would be possible to directly determine the group that will be affected, and its nature. An assessment of the regulatory impact is precisely one of these tools.
Main functions
Assessing the regulatory impact involves identifying the problem and the purpose of the impact, identifying different implementation options, comparing them and choosing the most optimal one. Consultations with interested stakeholders are an integral element of ODS. This allows you to most accurately determine the likely negative and positive results of management. In accordance with this, a conclusion is also formulated on the assessment of the regulatory impact. It should be understood that ODS is not a complement to the normal rule-making process. This analysis acts as a tool to facilitate decision making. Despite the fact that ODS requires some additional efforts from the developers of draft legal acts, as a result of improved quality, the management effect becomes quite noticeable.
Formation of the ODS Institute in the Russian Federation and other CIS countries
The evaluation procedure has begun to be introduced in countries with economies in transition. Among them are a number of CIS countries. In each state, the procedure bears its name. For instance:
- Kazakhstan - an assessment of the consequences of laws in the socio-economic sphere.
- Kyrgyzstan - analysis of the impact of regulations.
- Uzbekistan is a system for assessing the impact of legislative acts (SOVAZ).
In the Russian Federation, at an experimental level, the introduction of ODS and analysis of laws was carried out in 2006 in several entities. In particular, programs were introduced in North Ossetia, Kalmykia, and Tatarstan. Several expert developments have also been created for introduction at the federal level. In March 2010, the Government Commission on Administrative Reform adopted a decision to empower the Ministry of Economic Development with the development of ODS methods and their subsequent implementation, including the formation of a new department. In May of that year, a Resolution was approved, which envisaged amendments to a number of acts of the Government of the Russian Federation. Through its de facto, the ODS institute is introduced, and the Ministry of Economic Development becomes the main controlling body. In July 2010, a Regulatory Impact Assessment Department was formed.
Benefit and Cost Analysis
This part of the regulatory impact assessment is considered one of the most complex and, at the same time, key. In the general case, it is preferable to perform a detailed and complete analysis of all the costs and benefits for each specific of the acceptable alternatives. In practical implementation, experts very often try to strike a balance between the importance of the monetary (quantitative) presentation of costs and benefits and the costs of directly conducting this analysis. Traditionally, the assessment is carried out in relation to the following groups affected:
- States.
- Business.
- Society.
Along with this, impact categories are detailed or distinguished into separate subgroups. For example: impact on small business, the environment, and so on. If it is not possible to conduct a monetary analysis of the effects, but the physical effects can be assessed, then the "cost-productivity" method can be applied.
