TY  - JOUR
TI  - Regulatory Impact Assessment and Risks in Law: Experience of Russia and Continental Europe
T2  - 
IS  - 
KW  - regulatory impact assessment
KW  - legal risks
KW  - classification of legal risks
KW  - criminological risks
KW  - legal modeling
KW  - legal exposure experience
KW  - financial and economic justification
AB  - The article examines the experience of introducing and conducting an assessmentof the regulatory impact in modern Russia. Revealed the reasons for the popularityof the assessment of the regulatory impact in modern Russia and the reasons for itsimplementation in norm-setting activities. It was noted that the main factors of such anactive introduction of the assessment of the regulatory impact institute in Russia are thelow quality of regulatory legal acts and pursuing a policy of careful spending of fundsfrom both the federal and regional budgets. The critical analysis of the findings on theconduct of the assessment of the regulatory impact, made by the Ministry of EconomicDevelopment of Russia and the regional ministry from the standpoint of identifying legalrisks. It is concluded that in modern Russia the tendency to increase not only the legislativeculture, but also the legal culture of society in general is already visible, since various civilsociety institutions participate in conducting public consultations in the implementationof ODS. The concept, types, causes of the genesis of legal risks are researched. Theauthor’s concept of legal risks is proposed. The role of legal modeling in identifyinglegal risks is defined and proposed the author’s concept of legal regulation model. Theexperience of identifying legal risks through ODS in the EU and countries of continentalEurope, such as: Germany, France and Italy, was studied. It was concluded that there wasa tendency towards convergence towards homogeneity of the objectives of conductingthe assessment of the regulatory impact, since many countries of continental Europein the national legislation institutionalize the determination of social and environmentalconsequences when conducting a prospective assessment of draft regulatory acts.Theproposal to change the approaches to the assessment of the legislation applied in Russiais justified, it is proposed to include the financial and economic rationale in the structureof the implementation of the assessment of the regulatory impact.For citation: Arzamasov Yu. G. (2019) Regulatory Impact Assessment and Risks in Law: Experience of Russia and Continental Europe. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 5, pp. 4-31 (in Russian) DOI: 10.17323/2072-8166.2019.5.4.31
AU  - Yury Arzamasov
UR  - https://law-journal.hse.ru/en/2019--5/337257635.html
PY  - 2019
SP  - 4-31
VL  -