SOME PROBLEMS OF THE «REGULATORY GUILLOTINE»

Abstract

Reforming state regulation of control and supervision activities related to the violation of mandatory requirements of regulatory legal acts is one of the most actively discussed topics, both among the expert community and among representatives of business and regulatory authorities. Repeated attempts to optimize state control (supervision), reduce administrative barriers associated with it, and reduce excessive interference in the activities of business entities did not achieve the desired results, including due to insufficient attention and ambiguous understanding of the expected result of control and supervision activities, the compromise nature of decisions. One of the reasons for the low efficiency of past initiatives is the redundancy of mandatory requirements in regulatory legal acts regulating the function of control and supervision. The article considers the mechanism of the regulatory guillotine. It is used when creating a «new» system of clear and clear requirements for control and Supervisory authorities and business entities in the areas of regulation of control and supervision activities. The purpose of this mechanism is to eliminate excessive administrative requirements, reduce the level of load and risk of causing harm (damage) to the subjects of economic relations and protected public values. The author presents the foreign experience of using the regulatory guillotine, elements of which can be applied in the domestic reform of state control and supervision. Attention is paid to the risks of effective implementation of the «regulatory guillotine» mechanism, including corruption in state and local authorities. The author attributes the success of the process of implementing the control and supervision reform to the ability of the expert community, working groups and regulatory bodies to ensure high-quality and prompt implementation of the tasks set under the leadership of the Ministry of justice of the Russian Federation.