- Font type:
The draft federal law "On mandatory requirements in the Russian Federation" was adopted by the State Duma in the third reading.
The mechanism is aimed at canceling acts that establish mandatory requirements for business and are checked by authorized bodies as part of control measures, as well as creating a new system of current requirements. The key prerequisite for the regulatory "guillotine" in many ways was a large number of outdated, contradictory rules.
To achieve these goals, the draft law establishes a system of principles that must meet the new mandatory requirements, as well as the procedure for establishing and evaluating their application.
The principles include:
- legality - requirements may be introduced in order to protect legally protected valuables;
- validity – it is necessary to conduct an assessment of the risk of causing harm (damage) to legally protected values;
- legal certainty and consistency - requirements must not contradict or duplicate, and must be clear and understandable;
- predictability - for this purpose, the dates for the entry into force of acts providing for the introduction of mandatory requirements are set either from March 1 or September 1;
- enforceability of mandatory requirements - requirements must be enforceable, and the costs of their implementation are estimated when establishing them.
"The draft federal law actually changes the approach to the formation of mandatory requirements, fixing the mandatory assessment of the effectiveness of the introduced requirements and the urgency of the bylaws, no more than 6 years," the State Secretary, Deputy Minister of economic development Alexey Khersontsev commented.
Following the revision to the second reading the bill has undergone a number of changes relating to clarifications of a conceptual structure and scope, principles of establishment of requirements were clarified in the order of implementation of the "regulatory guillotine".
The effective date of the law is November 1, 2020, and the deadline for implementing the "regulatory guillotine" is January 1, 2021.
It is worth reminding that the draft law was prepared in accordance with the instructions of the President of the Russian Federation on the implementation of the Message to the Federal Assembly of February 20, 2019, including in order to consolidate the "regulatory guillotine" mechanism at the legislative level.
"A key prerequisite for the regulatory guillotine was a large number of outdated, contradictory and even absurd rules. The new law on mandatory requirements establishes a system of principles that they must meet, the procedure for establishing and evaluating their application. It will start the formation of a new system of current requirements for business, and it will become an effective tool for solving the problems of reform of control and supervisory activities," Alexey Khersontsev said.