Over the past three months, officials have noticeably increased their rule-making activity. It follows from the Ministry of Economic data on the number of conclusions on regulatory impact assessment (RIA) for the third quarter. This is explained by the acceleration of the development of bylaws, for the delays in the preparation of which the government has already been criticized, and the increase in the number of projects within the framework of ensuring the operation of the “regulatory guillotine” mechanism. At the same time, 40% of the documents received negative conclusions about ODS – during this procedure, about 470 billion rubles were identified. Potential unproductive business costs.
In the third quarter of 2020, departments began to be much more active in developing draft regulatory legal acts, the Ministry of Economy told Kommersant. During this time, 575 opinions on RIA were prepared – a procedure that involves analyzing legislative initiatives in terms of benefits and risks for business and the state. Compared to the first quarter, the increase was 173% (then 211 projects passed the procedure), compared to the second quarter – 92% (299 projects).
In the department, such an increase is explained by government departments’ active development of a regulatory framework in pursuance of federal laws. Let us remind you that claims have been made more than once about the pace of development of the “by-law”, since the acts necessary to ensure the already adopted laws are often prepared for years. Against this background, back in July, Mikhail Mishustin was instructed to finalize the documents, the deadlines for which are already expiring, within two months. The acceleration of work on developing new regulations within the “regulatory guillotine” framework influenced the rule-making activity. The entry into force of the law on state control, a “procedural” part of the reform of control and supervisory activities, was postponed for six months – to July 1, 2021, so that the authorities could develop by-laws for its implementation.
According to the Ministry of Economy, in January-September, 334 documents developed within the framework of the reform passed the RIA procedure, of which the bulk (232) fell on the third quarter.
The Ministry of Economy notes that every second document received a negative opinion on ODS, the total number of comments was more than 1,000. Among the examples is the draft of the new SanPiN in labor protection, which did not exclude excessive requirements and contained intricate procedures. Duplicating several authorities’ items and leading to an increase in business costs (about 5 thousand rubles per one workplace). However, note that there is still a “circumvention” of the RIA procedure by introducing amendments to the second reading of bills in the State Duma. A negative assessment does not automatically mean that the document is sent for revision, significantly reducing the chances of its approval.
In total, for three quarters, within the framework of the RIA, 1,085 draft regulations were analyzed, of which most (910) assumed either the establishment of a new rule or a significant change in the existing one. Approximately 40% of the projects that passed the RIA procedure since the beginning of the year received a negative opinion – as a result of the assessment, the developers received about 2 thousand comments or suggestions. In total, add to the Ministry of Economic, at least 470 billion rubles were identified during the RIA in January-September. Potential business costs.