Regulatory impact assessment: types, methods, procedure

The procedure for assessing the regulatory impact is a special analysis of the objectives and problems of state (territorial) management. Within its framework, the search for alternative options for implementing the tasks set, determining the benefits and costs of commercial and other entities, consumers that are subject to administrative influence. This allows you to develop the most effective management programs. Next, we will consider in more detail the methods for assessing the regulatory impact.

General information

The assessment of the regulatory impact is carried out to improve the quality of management. To implement this task, a detailed formalized analysis of the effects of influence on various social groups and society as a whole is used. Today, there are no uniform methods for assessing the regulatory impact. In a number of countries, such analysis is fixed by law. For example, the constitution of Switzerland, France contains relevant provisions. At the same time, the method of assessing the regulatory impact differs depending on the political structure of the state. Important in selecting a particular path are those areas to which this analysis is directly targeted. In this regard, the procedure for assessing the regulatory impact varies.

Classification

The types of regulatory impact assessment differ depending on the conditions of its introduction in the country. So, in the Czech Republic, South Korea, for example, rigid ODS is not provided. But in this case, the general criteria are declared, under which the analysis is introduced with the proof of its expediency. Other types of regulatory impact assessment are directly related to the adoption of regulations. In particular, in Canada and the United States, for example, ODS is implemented when issuing a provision providing for expenditures from the budget. In the Netherlands and the UK, the regulatory impact assessment is carried out with the adoption of an appropriate management standard.

Main stages

Based on the methodological materials of the Australian RV Department, which represents the competent authority, the assessment of the regulatory impact includes the following stages:

1. Formulation and description of the problem.
2. Proof of the need for ODS.
3. Defining the objectives of the procedure.
4. Description of the likely options for the implementation of tasks.
5. Analysis of certain alternatives (including, through the evaluation of benefits and costs).
6. Consultations.
7. Conclusion on the assessment of regulatory impact.
8. Execution of the selected alternative and subsequent monitoring.

The legislative framework

In order to implement the Presidential Decree of May 7, 2012, the Federal Law was drafted and approved, which defines the changes in the Federal Law establishing general principles for the formation of representative and executive structures of the state power of the Russian regions 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 regulatory acts and their expertise. The Federal Law provides for the consolidation of the program for the analysis of draft legal documents prepared in the subjects and municipal formations of the country. In addition, the rules for the implementation of the examination of existing regulations are regulated. The purpose of these additions is the provision of information and methodological assistance to municipalities on the introduction of the institution of assessing regulatory influence in the law-making process.

Specificity of influence

The successful social and economic development of the country depends on the quality of state economic regulation today. Government bodies should use a systematic approach that would ensure maximum efficiency of the standard-setting process. Illiterate poor-quality regulation negatively affects the state of society. With insufficiently precise regulatory impact, high costs of compliance with norms for citizens and business are formed, the process of government is complicated, and uncertainty is increasing. All this in the end leads to a 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 that are related to the likely consequences of their implementation in practice for one or another category of persons should be taken into account. However, 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 needed that can be directly identified by the group to be influenced and its nature. One of such tools is precisely the assessment of the regulatory impact.

Main functions

The assessment of the regulatory impact involves identifying the problem and the purpose of the impact, identifying the different implementation options, comparing them and choosing the most optimal. Consultations with stakeholders in the process are an integral part of ODS. This allows you to determine the most likely negative and positive control results. In accordance with this, an opinion on the assessment of the regulatory impact is also formulated. It should be understood that ODS is not a complement to the usual norm-setting process. This analysis serves as an instrument that facilitates the course of decision-making. Despite the fact that ODS requires some additional effort from the developers of draft legal acts, as a result of improving the quality of the management effect becomes sufficiently tangible.

Formation of the ODS Institute in the Russian Federation and other CIS countries

The evaluation procedure began to be implemented in the countries with economies in transition. Among them is a number of CIS countries. In each state the procedure has its name. For example:

• Kazakhstan - assessment of the consequences of laws in the social and economic sphere.
• Kyrgyzstan - analysis of the impact of regulations.
• Uzbekistan is a system for assessing the impact of legislative acts (RTO).

In the Russian Federation, at the experimental level, the introduction of ODS and the analysis of laws was carried out in 2006 in several entities. In particular, the programs were implemented in North Ossetia, Kalmykia, Tatarstan. Also, several expert developments were developed to be introduced at the federal level. In March 2010, the Governmental Commission for Administrative Reform decided to authorize the Ministry of Economic Development to develop methods of ODS and their subsequent implementation in practice, including the formation of a new department. In May of the same year, the Resolution was approved, which provides for changes in a number of acts of the Government of the Russian Federation. Through its de-facto introduction of the institution of ODS, and the main monitoring body is the Ministry of Economic Development. In July 2010, the Department for Regulatory Impact Assessment was formed.

Analysis of benefits and costs

This part of the regulatory impact assessment is considered one of the most difficult and, at the same time, key ones. In general, it is preferable to perform a detailed and complete analysis of all the costs and benefits for each particular of the feasible alternatives. In practical implementation, experts very often try to balance the importance of monetary (quantitative) representation of costs and benefits and the costs directly to conduct this analysis. Traditionally, the evaluation is performed with respect to the following groups that are affected:

1. States.
2. Business.
3. Of the Society.

Along with this, the categories of impact are detailed or separated into separate subgroups. For example: influence on small business, the environment and so on. If a monetary analysis of the effects is not possible, but you can evaluate the physical effects, then the "cost-productivity" method can be applied.

Social indicator of discounting

Due to the fact that the influence of the regulatory act on the state of the economy is not instantaneous, but is distributed over time, in the process of monetizing the benefits and costs, a corresponding adjustment is necessary. To do this, the so-called discount rate is applied . Determining its value is also considered quite a difficult task in the course of the implementation of ODS.