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The Ministry of Economic Development has developed drafts of three Government resolutions aimed at implementing the provisions of Federal law No. 247-FZ "On mandatory requirements in the Russian Federation", signed by the President of Russia on July 31, 2020.
The draft resolution of the Cabinet of Ministers approving the procedure for placing lists of acts with mandatory requirements on the websites of state bodies is aimed at ensuring the openness and accessibility of such information for persons who are subject to the requirements.
"The experience of implementing the "regulatory guillotine" mechanism has shown that lists of regulatory legal acts with mandatory requirements are not formed in a single format, are not informative and in some cases contain irrelevant information. As a result, they do not actually perform the task of informing stakeholders. In this regard, the law provided for the authority of the Government to establish the procedure for placing and updating such lists. Maintaining lists in accordance with the proposed Procedure should increase the openness of regulation, lay the foundation for creating a full – fledged database of mandatory requirements in a machine-readable format in the future," State Secretary - Deputy Minister of economic development Alexey Khersontsev said.
The second draft of the Government decree approves the procedure for evaluating the application of mandatory requirements. The law launches a new mechanism for constantly keeping the system of mandatory requirements up to date:
- a maximum period of validity of by-laws with mandatory requirements is introduced, which cannot exceed six years;
- a new mechanism for evaluating the effectiveness of requirements is being implemented.
In particular, the draft of the developed document regulates the preparation and consideration of reports on the achievement of the goals of introducing mandatory requirements, on the basis of which decisions will be made on extending the validity of relevant regulatory legal acts, or on the need to conduct an assessment of the actual impact.
The third draft of the resolution was prepared to bring into line with the new law the regulatory legal acts that regulate the procedures for developing LSI, as well as the assessment of regulatory impact and the assessment of actual impact.
Based on the results of the assessment of the actual impact, a decision may be made on the need for recognition as invalid, revision of regulatory legal acts that have established mandatory requirements, or extension of their validity.
The provisions of the initiatives developed by the Ministry of Economic Development are also aimed at implementing the Recommendations of the regulatory policy and management council of the Organization for economic cooperation and development into Russian legislation.