Regulatory impact assessment: types, methods, procedure

2024 Author: Henry Conors | [email protected]. Last modified: 2024-02-12 02:44

The regulatory impact assessment procedure is a special analysis of the goals and problems of state (territorial) administration. Within its framework, the search for alternative options for the implementation of the tasks set, the determination of the benefits and costs of subjects of commercial and other activities, consumers who are subject to administrative influence. This allows you to develop the most effective control programs. Next, we will consider in more detail the methods of assessing the regulatory impact.

General information

Regulatory impact assessment is performed to improve the quality of governance. To implement this task, a detailed formalized analysis of the consequences of influence on various social groups and society as a whole is used. Today, there are no uniform methods for assessing the regulatory impact. In a number of countries, such an analysis is enshrined in law. For example, the constitutions of Switzerland and France contain relevant provisions. At the same time, the methodology for assessing the regulatory impact differs depending on the political structure.states. Of no small importance in choosing one or another path are the areas to which this analysis is directly directed. In this regard, the procedure for conducting a regulatory impact assessment also differs.

Classification

Types of regulatory impact assessment differ depending on the conditions of its introduction in the country. So, in the Czech Republic, South Korea, for example, a rigid RIA is not provided. But at the same time, general criteria are declared under which the analysis is introduced when its expediency is proven. Other types of regulatory impact assessment are directly related to the adoption of regulations. In particular, in Canada and the United States, for example, RIA is carried out when a regulation is issued that provides for spending from the budget. In the Netherlands and the UK, a regulatory impact assessment is carried out when a relevant governance regulation is adopted.

Main steps

Following guidance from the Australian ROA, which represents the competent authority, a regulatory impact assessment includes the following steps:

1. Formulation and description of the problem.
2. Proof of the need for RIA.
3. Define the purpose of the procedure.
4. Description of possible options for implementing tasks.
5. Analysis of identified alternatives (including through cost and benefit assessments).
6. Consultations.
7. Regulatory Impact Assessment Conclusion
8. Performance of the selected alternativeoption and subsequent monitoring.

Legislative Framework

In order to fulfill the Decree of the President of 2012-07-05, the Federal Law was developed and approved, defining changes in the Federal Law, establishing the general principles for the formation of representative and executive structures of state power in the regions of the Russian Federation and Art. 46 and 7 of the Federal Law, which regulates the general criteria for the organization of territorial (local) self-government in the Russian Federation. These adjustments relate to the issues of assessing the regulatory impact of normative acts and their expertise. The Federal Law provides for the consolidation of a program for the analysis of draft legal documents prepared in the constituent entities and municipalities of the country. In addition, the rules for the examination of existing regulations are regulated. The purpose of these additions is to provide information and methodological assistance to municipal formations on the implementation of the institution of regulatory impact assessment in the legislative process.

Specific influence

Successful social and economic development of the country today depends on the quality of state economic regulation. Governments should use a systematic approach to maximize the effectiveness of the rule-making process. Illiterate poor-quality regulation negatively affects the state of society. With insufficiently clear regulatory action,high costs of compliance with the norms adopted for citizens and businesses, the process of public administration becomes more complicated, and uncertainty increases. All this ultimately leads to failure to achieve the goals.

Specific norms

Most of the legal acts on state regulation, which are developed and adopted at the federal, subject and municipal levels, affect the interests of different social strata. In this regard, in the course of developing their projects, many aspects that are related to the likely consequences of their implementation in practice for one or another category of persons should be taken into account. At the same time, at this stage, many methods of influence may not be visible or they may be quite difficult to detect at first glance. Therefore, in the course of rule-making, mechanisms are needed through which it would be possible to determine directly the group that will be influenced and its nature. Regulatory impact assessment is one such tool.

Main Functions

Regulatory impact assessment involves identifying the problem and the goal of influence, identifying different implementation options, comparing them and choosing the most optimal one. Consultations with interested participants in the process are an integral element of the RIA. This allows you to most accurately determine the likely negative and positive results of management. In accordance with this, a conclusion on the regulatory impact assessment is also formulated. It should be understood that ODS is notis an addition to the normal rule-making process. This analysis acts as a tool to facilitate the course of decision making. Despite the fact that RIA requires certain additional efforts from the developers of draft legal acts, as a result of improving the quality, the effect of management becomes quite tangible.

Formation of the RIA Institute in Russia and other CIS countries

The evaluation procedure has begun to be introduced in countries with economies in transition. Among them are a number of CIS countries. In each state, the procedure has its own name. For example:

• Kazakhstan - assessment of the consequences of laws in the socio-economic sphere.
• Kyrgyzstan - impact analysis of regulations.
• Uzbekistan - the system for assessing the impact of legislative acts (SOVAZ).

In the Russian Federation, at the experimental level, the introduction of RIA and the analysis of laws was carried out in 2006 in several subjects. In particular, the programs were implemented in North Ossetia, Kalmykia, and Tatarstan. Several expert developments were also created for introduction at the federal level. In March 2010, the Government Commission on Administrative Reform decided to give the Ministry of Economic Development the authority to develop RIA methods and their subsequent implementation in practice, including the formation of a new department. In May of the same year, a Resolution was approved, which provides for changes to a number of acts of the Government of the Russian Federation. Through it, the institute of RIA is introduced de facto, and the mainThe Ministry of Economic Development becomes the controlling body. In July 2010, the Regulatory Impact Assessment Department was formed.

Benefit-cost analysis

This part of the regulatory impact assessment is considered one of the most difficult and, at the same time, key. In general, it is preferable to perform a detailed and complete analysis of all costs and benefits for each specific of the feasible alternatives. In practical implementation, experts very often try to strike a balance between the importance of monetary (quantitative) representation of costs and benefits and the costs of directly conducting this analysis. Traditionally, the evaluation is carried out in relation to the following affected groups:

1. States.
2. Business.
3. Societies.

At the same time, impact categories are detailed or separated into separate subgroups. For example: the impact on small business, the environment, and so on. If it is not possible to conduct a monetary analysis of the effects, but it is possible to estimate the physical effects, then the cost-productivity method can be applied.

Social Discount Rate

Due to the fact that the influence of the regulatory act on the state of the economy is not instantaneous, but is distributed over time, in the process of monetization of benefits and costs, an appropriate adjustment is necessary. For this, a so-called discount rate is used. Determining its value is also considered quite difficult.task during the implementation of RIA.