procedure regulatory impact assessment - a special analysis of the objectives and issues of public (territorial) governance.In the framework of searches for alternatives for realization of tasks, determining the costs and benefits of commercial subjects and other activities of consumers who are subject to administrative influence.This allows you to develop the most effective management program.Next, consider the detailed methods of regulatory impact assessment.
General
Regulatory Impact Assessment is carried out to improve the quality of management.To implement this task, use a detailed formal analysis of the effects of impact on different social groups and society as a whole.Today, there are no uniform methods of regulatory impact assessment.In some countries, such an analysis is fixed by law.For example, in the constitution of Switzerland, France, contains relevant provisions.This method of regulatory impact assessment will vary depending on the political structure of the state.Equally important in the selection of a path are those areas that directly addresses this analysis.In this regard, different and procedure for regulatory impact assessment.
Classification of Types of regulatory impact assessment vary depending on the conditions of its introduction in the country.For example, in the Czech Republic, South Korea, for example, hard ODS is not available.But at the same time declared the general criteria under which the analysis is introduced in the proof of its feasibility.Other types of regulatory impact assessment are directly related to the adoption of regulations.In particular, in Canada and the US, for example, ODS is performed in the publication provision for expenditure from the budget.In the Netherlands and the UK regulatory impact assessment carried out in making the appropriate administrative regulation.
Main stages
Guided teaching materials Department PB Australia, which is the competent authority, regulatory impact assessment involves the following steps:
- Formulation and description of the problem.
- proof need to implement ODS.
- Definition purposes of the procedure.
- description of embodiments of the likely problems.
- analysis of the defined alternatives (including through the assessment of costs and benefits).
- Consulting.
- Conclusion on the regulatory impact assessment.
- Execution selected alternatives and subsequent monitoring.
Legal Framework In order to implement Presidential Decree of 7.05.2012, developed and approved by the Federal Law, which determines the change in the federal law establishing the general principles of representative and executive bodies of state power of regions of the Russian Federation and Art.7 and 46 of the Federal Law governing the general criteria for the organization of the territorial (local) self-government in the Russian Federation.These adjustments relate to issues of evaluation of the regulatory impact of regulations and their expertise.The Law provided for securing the implementation of the program analysis of draft legal documents prepared in the regions and municipalities of the country.In addition, the performance of the examination are regulated by the rules of existing legislation.The purpose of these amendments favor the provision of information and methodological assistance to municipal formations on the implementation of the Institute for Regulatory influence in the legislative process.
Specificity
influence on the quality of state economic regulation today depends on the successful socio-economic development of the country.Administration bodies must use a systematic approach that would maximize the effectiveness of law-making process.Illiterate poor quality regulation has a negative impact on the state of society.If lack of a clear regulatory impact, the high costs of compliance taken to citizens and business rules, complicated process of public administration, increasing uncertainty.All of this eventually leads to failure to achieve the objectives.
Specificity standards
Most of the legal acts of state regulation, which are developed and adopted at the federal and municipal levels of subjectivity, affects the interests of different social strata.In this regard, during the development of their projects must take into account many aspects that are related to the likely consequences of their implementation for one or the other category of persons.At the same time, at this stage, many methods of influence may not be visible or quite difficult to detect at first glance.Therefore, in the course of the rulemaking needed mechanisms by which it would be possible to determine directly the group, which will be affected, and his character.As one of such instruments as the time and performs regulatory impact assessment.
main functions
Regulatory Impact Assessment provides for the identification of problems and objectives influence the identification of the different embodiments, and compare them to choose the most optimal.As an integral part of the ODS are the consultations with interested stakeholders.This allows you to pinpoint the most likely positive and negative results of management.In accordance with this conclusion, and formulated on the regulatory impact assessment.It should be understood that the ODS is not a supplement to the normal rulemaking process.This analysis serves as a tool to promote the course of decision-making.Although the ODS requires some extra effort from the developers of draft legal acts, as a result of the effect of improving the quality of governance is quite palpable.
Formation Institute of ODS in Russia and other CIS countries
assessment procedure has gained a foothold in countries with economies in transition.Among them are a number of CIS countries.In each state, the procedure is named.For example:
- Kazakhstan - impact assessment laws in the socio-economic sphere.
- Kyrgyzstan - analysis of the impact of legal acts.
- Uzbekistan - a system of assessing the impact of legislative acts (RIA).
in Russia at an experimental level in the introduction and analysis of ODS legislation was made in 2006 in several subjects.In particular, the programs implemented in North Ossetia, Kalmykia, Tatarstan.It was also established several expert studies for administration at the federal level.In March 2010, the Government Commission on Administrative Reform, it was decided to confer powers on the Ministry of Economic development of methods for ODS and their subsequent implementation in practice, including the formation of the new department.In May of the same year it was approved by the Decree, which provides for changes in the number of acts of the Government of the Russian Federation.Through its de facto introduced the institution of ODS, and the main supervisory body becomes Ministry of Economic Development.In July 2010, the Department was formed to assess the regulatory influence.
analysis of benefits and costs
This part of the regulatory impact assessment is considered one of the most complex and, at the same time, the key.In general, the preferred embodiment, a detailed and complete analysis of all the costs and benefits for each individual of the valid alternatives.In the practical embodiment, the experts often try to strike a balance between the importance of money (quantitative) of the representation of costs and benefits and the costs directly to the carrying out of this analysis.Traditionally, the evaluation is performed against the following groups are affected:
- States.
- Business.
- Company.
Along with this impact category are detailed or stand out in some subgroups.For example: the impact on small business, the environment and so on.If you spend money analysis of the effects is not possible, but it is possible to estimate the physical effects that can be applied method of "cost -produktivnost."
Social discount rate
Due to the fact that the impact of the regulatory act on the state of the economy is not simultaneously and distributed in time, in the process of monetization of benefits and costs, there must be an adjustment.To do this, apply the so-called discount rate.Determining its value it is also considered quite a challenge in the implementation of ODS.
