Оценка регулирующего воздействия и риски в праве: опыт России и континентальной Европы

Право. Журнал Высшей школы экономики. 2019. № 5. С. 4–31.

Arzamasov Y.

This article examines the experience of introducing and conducting an assessment of the regulatory impact in modern Russia. Revealed the reasons for the popularity of the assessment of the regulatory impact. It was noted that the main factors of such an active introduction of the assessment of the regulatory impact institute in Russia are the low quality of regulatory legal acts and pursuing a policy of careful spending of funds from both the federal and regional budgets.  The analysis of the findings on the conduct of the assessment of the regulatory impact, made by the Ministry of Economic Development of Russia and the regional ministry from the standpoint of identifying legal risks. The concept, types, causes of the genesis of legal risks are researched. The author's concept of legal risks is proposed. The role of legal modeling in identifying legal risks is defined. The experience of identifying legal risks through the assessment of the regulatory impact in European Union and in continental Europe has been studied.

             It was concluded that there was a tendency towards convergence towards homogeneity of the objectives of conducting the assessment of the regulatory impact, since many countries of continental Europe in the national legislation institutionalize the determination of social and environmental consequences when conducting a prospective assessment of draft regulatory acts.

              The proposal to change the approaches to the assessment of the legislation applied in Russia is justified, it is proposed to include the financial and economic rationale in the structure of the implementation of the assessment of the regulatory impact. It was also proposed to conduct the assessment of the regulatory impact for all, without exception, drafts of normative legal acts and state programs.

Keywords: оценка регулирующего воздействия, regulatory impact assessment, правовое моделирование, финансово-экономическое обоснование, federal laws, федеральные законы, правовые риски, draft regulations, model of legal regulation, модель правового регулирования, legal risks, classification of legal risks, criminological risks, legal modeling, legal exposure experience, financial and economic justification, классификация правовых рисков, криминологические риски, проекты нормативных правовых актов, правовой опыт воздействия