Regulatory Impact Assessment and Risks in Law: Experience of Russia and Continental Europe
Abstract
The article examines the experience of introducing and conducting an assessment of the regulatory impact in modern Russia. Revealed the reasons for the popularity of the assessment of the regulatory impact in modern Russia and the reasons for its implementation in norm-setting activities. It was noted that the main factors of such an active introduction of the assessment of the regulatory impact institute in Russia are the low quality of regulatory legal acts and pursuing a policy of careful spending of funds from both the federal and regional budgets. The critical analysis of the findings on the conduct of the assessment of the regulatory impact, made by the Ministry of Economic Development of Russia and the regional ministry from the standpoint of identifying legal risks. It is concluded that in modern Russia the tendency to increase not only the legislative culture, but also the legal culture of society in general is already visible, since various civil society institutions participate in conducting public consultations in the implementation of ODS. The concept, types, causes of the genesis of legal risks are researched. The author's concept of legal risks is proposed. The role of legal modeling in identifying legal risks is defined and proposed the author's concept of legal regulation model. The experience of identifying legal risks through ODS in the EU and countries of continental Europe, such as: Germany, France and Italy, was studied. It was concluded that there was a tendency towards convergence towards homogeneity of the objectives of conducting the assessment of the regulatory impact, since many countries of continental Europe in the national legislation institutionalize the determination of social and environmental consequences when conducting a prospective assessment of draft regulatory acts. The proposal to change the approaches to the assessment of the legislation applied in Russia is justified, it is proposed to include the financial and economic rationale in the structure of the implementation of the assessment of the regulatory impact. It was also proposed to conduct the assessment of the regulatory impact for all, without exception, drafts of normative legal acts and state programs.
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