«Регуляторная гильотина» в России и ее количественные результаты

Право. Журнал Высшей школы экономики. 2022. Т. 15. № 2. С. 4–27.

Knutov A., Plaksin S., Синятуллин Р. Х., Chaplinskiy A.

The article is devoted to the implementation of the regulatory guillotine in Russia, when the government abolished many legal acts containing regulatory requirements that entered into force earlier than January 1, 2020. The article reveals the concept and procedure for the implementation of the regulatory guillotine, and also presents its results. The aim of the study was to assess the results of the regulatory guillotine in terms of real changes in government regulation. The analysis of the changes was quantitative. As part of this analysis, the authors assessed the impact of the regulatory guillotine on the lists of legal acts enforced by the inspection authorities. The authors compared legal acts from such lists (relevant for February 2020) with the lists of legal acts that fell under the regulatory guillotine.

The study made it possible to conclude that out of 11.6 thousand normative legal acts and documents canceled according to official data during the guillotine, only 1/10 of them were really checking during the inspections and supervision activities of the authorities. Such a low efficiency is explained by the fact that among the regulations that were enforced during the inspections and supervision activities in February 2020, 70% of acts were excluded from the regulatory guillotine due to the rules of the guillotine itself, 6% of acts were forgotten, 9% of acts were included in the "white list" for preservation actions and only 15% of the acts were canceled.

The study also revealed a number of problems in the implementation of the regulatory guillotine: lack of an appropriate stage of system design of the target regulation model; limited competence of working groups on the implementation of the regulatory guillotine; a significant number of areas for which the regulatory guillotine has not been applied; removal from the regulatory guillotine of the mandatory requirements established by federal laws.

The authors proposed to extend the project of the regulatory guillotine, focusing efforts on deregulation on certain areas that are most burdensome for the entrepreneurs.

Keywords: государственное регулирование, дерегулирование, state control, normative legal acts, хозяйственная деятельность, государственный контроль (надзор), нормативные правовые акты, regulatory requirements, обязательные требования, government regulation, регуляторная гильотина, regulatory guillotine, requirements for economic activity, deregulation