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The Russian Union of Industrialists and entrepreneurs, the largest business Association in the country — prepared a concept and proposed the adoption of "law on laws", a document that regulates the introduction of new legal norms. The authors of the concept — the experts of the Committee for regulatory policy RSPP has prepared a draft letter RSPP in the name of President Vladimir Putin. Materials RSPP and the draft letter is at the disposal of RBC.
20 years of debate
the idea of the law on normative legal acts in Russia is not new. This bill, the state Duma adopted in the first reading in November 1996, but the discussion was delayed following the review took place only eight years later. However, by 2004, the document lost its relevance in connection with the adoption of Federal constitutional laws and change the system of governance, so the state Duma rejected it in the second reading. Expert organizations have developed their own versions of the "law on laws", and in 2014, the Ministry of justice tabled a new draft. However, in the state Duma it was never made.
the RSPP in its contribution refers to the international experience: the law on normative legal acts operating in Bulgaria, Japan, China, Armenia, Belarus and Kazakhstan. To ensure consistent system of laws, the document, according to experts, should be:
arrange forms published by the regulatory legal acts, to establish their hierarchy; to regulate the cycle of rulemaking, including the planning, preparation, adoption and publication of laws; to establish provisions for peer review and public discussion of projects; resolve issues of entry into force, interpretation and resolution of legal disputes; to provide for the participation of business associations in drafting legislation.
"Resolution of conflicts in the regulations anywhere not formally regulated. In business there are serious questions to the explanatory notes and accompanying documents. The procedure of public discussion today or are not clearly spelled out or are governed at the level of acts of the government. In our opinion, it is necessary to fix them at the level of the Federal law to avoid their frequent and not always reasonable changes," said RBC Vice-President RSPP Alexander Varvarin. Need to adjust, in particular, the procedure of regulatory impact assessment and anti-corruption expertise, he said. Part of initiatives such as "one in — two out" (cancel the two existing regulatory requirements in case of introduction of a new one), it is difficult to accept, not writing them into law, he added.
"Now the elements of evaluation of norm-setting can be rewritten in any direction. This government provisions and regulations do not interfere with any "secret" rulemaking in the government or draft legislation and amendments made by the deputies of the state Duma without proper feasibility study," — said the Director of the Center for regulatory impact assessment, HSE Daniil Tsygankov.
What do entrepreneurs
the Union's Committee will propose to introduce a "package" principle of adoption of normative legal acts. Now often "adopted and entering into force the laws unenforceable in the absence of appropriate regulation," and it discreditied lawmakers, according to the materials of the Committee. To avoid this, you need to build the principle of joint preparation of the bill and its accompanying acts, according to the materials of the Union. A meeting of the RUIE Committee, which will discuss the "law on laws", scheduled for December 21.Another measure of mandatory detention from the business community on projects that will change the conditions of work of entrepreneurs. Besides, in RSPP suggest in advance to publish on the website of the state Duma amendments for the second reading of bills — now they can either be published immediately before the adoption of the document, or do not publish. Earlier disclosure should provide a timely opportunity to submit comments to the draft, noted in the Union. Among other initiatives of RSPP is to establish a system of legal monitoring, assessment of impact of legislation on business environment (a similar mechanism has already begun to use the Ministry of economic development), and tools to reduce regulatory burden, in particular the principle of "one in — X out".The RSPP also wants the government to prepare long-term plans of development of the bills (three to five years). Another measure, the transitional period for the entry into force of the laws, which lead to additional expenses of companies. Similar plans already have the Ministry of Finance — the requirement to say disadvantageous to the business or citizens of tax laws no later than 1 September, if you join the force they have from January 1 next year is contained in "the Basic directions budgetary, tax and customs tariff policy".The materials of the MTPF shows the structure of the new law. It in addition to the General provisions prescribed stages of development laws from the planning stage to adopt and change in the future.
Hierarchy of laws
the RSPP Committee for regulatory policy plans to discuss the law with Ministry of justice, Ministry of economic development and State-legal Directorate of the President, said Alexander Varvarin. To systematize the Russian legislation previously proposed by the experts of the Center for strategic research, which is headed by Alexey Kudrin (now — the Chairman of the accounting chamber) prepared proposals for the economic program of the President. Measures the RSPP intersect with these initiatives.
With the regulatory chaos for the last few years trying to cope with the assessment of the regulatory and actual impacts of road maps from the Agency for strategic initiatives, the mechanism of "Transformation of the business climate," forces of the working groups, the Public chamber and open government, lists Tsygankov.
"Law on laws" is another option, and "for his decision in the next couple of years once again ready to compete for business, progressive officials and experts," — said the expert.
But from 1990-ies up such initiatives were not given. The key problem in the hierarchy of legal acts: if you do not implement it, the "law on laws" will have no meaning, says doctor of law Vladimir Isakov. In this hierarchy, decrees of the President will stand in third place after the Constitution and the constitutional and Federal laws, he said. In addition, the adoption of the law is hampered by its intersection with all laws in the country. This would allow to "manipulate" them, on the grounds that they contradict the "law on laws", says Isakov.
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