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Regulatory impact assessment procedure turned 10 years. On May 15, 2010, the Russian Government adopted Decree No. 336 On Introducing Amendments to Certain Acts of the Government of the Russian Federation. This document has firstly incorporated the regulatory impact assessment (RIA) procedure into Russian legislation. Ministry of Economic Development was entrusted with carrying out RIA, where the Department for Regulatory Impact Assessment was established for this purpose. Its first Director was Alexey Khersontsev, who currently holds the office of State Secretary-Deputy Minister of Economic Development of Russia, including RIA issues supervision.
According to Alexey Khersontsev, RIA introduction has become one of the main measures to improve the investment climate. “Ministry of Economic Development has always paid great attention to creating a favourable regulatory environment. This, in turn, is possible only when businesses are actively involved in the rule-making process and development of acts affecting their interests. Owing to regulatory impact assessment, to which business is a full-fledged participant, we have embodied this principle,” the Deputy Minister said.
“With RIA procedure introduction, active changes in the rule-making process have begun. The next milestone was the launch of regulation.gov.ru portal, which marked the transition to a fundamentally new level of openness and transparency in working with draft regulations. To date, the portal has more than 60 thousand documents posted and almost half a million registered users.
In terms of scale and coverage, the regulation portal has no analogues anywhere in the world,” Deputy Minister Vadim Zhivulin, who was heading RIA Department from 2011 to 2018, said.
The work carried out in Russia on the implementation of RIA and other regulatory instruments was highly appreciated at the international level: in 2016, Russian Federation became a full member of the OECD Regulatory Policy Committee and regularly participates in its meetings.
From 2010 to 2019, the Ministry of Economic Development prepared 9,482 conclusions on RIA, of which 3,188 conclusions were negative and indicated insufficiently developed requirements and provisions that could lead to excessive expenses of business entities. Averagely, developers take into account 61 % of the comments received during the assessment.
At the first stage, RIA was carried out only at the federal level, but since 2014 this procedure has been introduced in regions and municipalities. At the moment, RIA is implemented in all constituents of the Russian Federation. In 2019 alone, 4,691 RIA reports were prepared at the regional level and 10,496 at the municipal level. In 42 % of the constituents of the Russian Federation, RIA is carried out not only for executive authorities' regulations but also for regulations developed by legislative authorities.
As noted by the Director of the Department for Population Public Services and Public Functions Performance Quality Assurance Vitaly Zlobin (who was heading the RIA Department from 2018 to 2020), the RIA procedure helped change the attitude to the process of regulations creation: “The culture of rule-making has changed, authorities have started to be more scrupulous about creating regulations, have become open to dialogue and search for compromises. This builds trust between businesses and the state and, as a result, an effective system of regulation and public administration in general.”
“RIA Institute has become an integral part of the rule-making process, it is impossible to carry out large-scale reforms in this area without it. For example, RIA will become a filter for the new system of mandatory requirements, which is currently under formation under the framework of the implementation of the “regulatory guillotine” mechanism. For us, this is a guarantee that each of the requirements will be reviewed and all the economic risks associated with it will be assessed,” Aleksandr Litvak, Department for Regulatory Policy and Regulatory Impact Assessment, said. According to him, other areas of RIA development include expanding the scope of assessment for draft regulatory legal acts affecting the socio-economic development of regions, digitalization of rule-making and consistent integration of OECD standards into it.