Round table «Actual issues of the participation of the business community in the regulatory impact assessment procedure» at the Russian Chamber of Commerce and Industry

As part of the interaction between the Chamber of Commerce and Industry of the Russian Federation and the Ministry of Economic Development of the Russian Federation, on April 21, 2023, a round table was held on the topic: “Actual issues of the participation of the business community in the regulatory impact assessment procedure”.

The heads of departments of the Association "StekloSouz" of Russia took part in the work of the round table.

The time for holding such a discussion was not chosen by chance - right now the Ministry of Economic Development of Russia is conducting a public discussion of amendments to Government Decree No. 1318, which approved the Rules for conducting regulatory impact assessment. Thus, the experts were given the opportunity to formulate proposals for improving the RIA procedure.

The meeting was opened by Vladimir Padalko, Vice-President of the Chamber of Commerce and Industry of the Russian Federation. He thanked the Ministry of Economic Development and its specialized Department of Regulatory Policy and Regulatory Impact Assessment for their principled position in defending the interests of business. Largely thanks to the Ministry, it is possible to effectively oppose the developers of documents that offer solutions that are not the most optimal for business.

Vladimir Padalko dwelled on the main problems that the expert community faces when conducting a regulatory impact assessment.

In particular, he noted: the lack of a reasoned response to the comments submitted; existing cases of non-compliance of the final version of the document with the version that passed the RIA; the quality of preparation of summary reports; incorrect indication by the developer of the degree of regulatory impact; the problem of "abandoned" projects on which no work is being done; as well as the non-working procedure in relation to bills adopted by the State Duma in the second reading. Vladimir Padalko also made proposals for solving the identified problematic issues

Director of the Department for Regulatory Policy and Regulatory Impact Assessment of the Ministry of Economic Development of Russia Alexander Litvak presented the initiatives prepared by the Ministry to optimize the RIA procedure.

One of the main changes will be the introduction of new criteria for classifying draft acts with mandatory requirements for a high, medium or low degree of regulatory impact. The draft proposes to link the degree of regulatory impact of the act with the cost of fulfilling the mandatory requirements for six years. Thus, a high degree will be provided for projects that introduce requirements, for compliance with which a business will have to spend more than 3 billion rubles, an average degree - from 300 million rubles. up to 3 billion rubles and low - less than 300 million rubles. Thus, it is supposed to focus maximum attention on the evaluation of draft acts that involve the greatest costs.

Alexander Litvak noted that the risk of unreasonable transfer of draft acts to a low degree of regulatory impact is increasing. But to resolve this issue, the ministry intends to use a mechanism for coordinating the assignment of projects to a low degree with the working groups of the "regulatory guillotine".

“Our goal is to launch a process of discussion between developers and the expert community, to free up expert resources by prioritizing acts with a high degree of regulatory impact,” says A. Litvak.

Andrey Usenko, President of the Vyatka Chamber of Commerce and Industry Union, Elena Voronina, President of the Tambov Regional Chamber of Commerce and Industry, and Maxim Yuzhalin, Director of the Department of Legal Work of the Chamber of Commerce and Industry of the Nizhny Novgorod Region, spoke about the regional aspect of the RIA procedure. All of them noted that regulatory impact assessment is a labor-intensive procedure that requires high qualification and commitment. A separate problem was the lack of transparency of regulation: the introduction of duties and changes in responsibilities prescribed in the draft acts require additional clarification for entrepreneurs due to the specifics of the documents.

Dmitry Pos, representative of the Russian Chamber of Commerce and Industry Committee on Precious Metals and Precious Stones, supported the improvement of the procedure for assessing the regulatory impact of draft regulations, as this will reduce the risks of excessive administrative pressure on business, and spoke about the work of the committee in the direction of RIA.

Marina Karpova, Deputy Chairman of the RF Chamber of Commerce and Industry Committee on Entrepreneurship in the Field of Real Estate Economics, using the example of assessing the actual impact of Article 22.1 of the Federal Law “On State Cadastral Valuation”, demonstrated that the regulation laid down by the legislator does not always develop in the right direction, and sometimes leads to significant costs .

Susana Kirakosyan, Chairman of the Subcommittee on Business Development in the Sphere of Residential Real Estate Management of the RF Chamber of Commerce and Industry Committee on Entrepreneurship in the Sphere of Housing and Public Utilities, suggested adding not only industry experts, but also researchers and scientists to the expert groups.

Yulia Prikhodina, Deputy Chairman of the RF Chamber of Commerce and Industry Council for Financial, Industrial and Investment Policy, drew attention to the fact that draft documents are often poorly developed in terms of legal technique, but noted that over the past year and a half the level of preparation of documents has improved. She also emphasized that it is very important for experts to see feedback indicating that recommendations are accepted (albeit not completely, but at least partially). This is very motivating in terms of social work.

Lubomir Panov, director of government relations at the National Union of Milk Producers Soyuzmoloko, said that their industry has become a “pilot” for calculating standard costs using an updated methodology. A register of mandatory requirements is currently being formed, which would facilitate the calculation of such costs. He outlined the risk of "fragmentation" of acts in order to avoid reaching the threshold in

3 billion rubles

Elena Zrilova, Deputy Head of the Legal Department of the Association of International Road Carriers, drew attention to the fact that the regulation.gov.ru portal allows posting projects “backdated”.

Summing up the results of the round table, Alexander Volchenko, Director of the Department for Work with Associations of Entrepreneurs of the Chamber of Commerce and Industry of the Russian Federation, noted that all comments and suggestions made by experts during the event would be summarized and sent to the Ministry of Economic Development of the Russian Federation.

According to the materials of the Chamber of Commerce and Industry of the Russian Federation