°

The state Duma may consider in the second reading draft of the regular guillotine

The state Duma Committee for the control and regulation at the meeting on Friday recommended the adoption in the second reading the package of draft on the reform of control and Supervisory activities in the Russian Federation, the so-called "regulatory guillotine" initiative can be considered in plenary meeting, on 21 July, the relevant draft decision of the Committee is published in the electronic database of the lower house of Parliament.

In mid-April, the state Duma adopted in the first reading the draft laws on the mandatory requirements and on the state control, developed in the framework of the plan of the "road map" to implement the "regulatory guillotine". The government introduced these initiatives in the Duma in December 2019.

As follows from the draft decisions, the Committee recommends that these initiatives in order of the session of the chamber for consideration in the second reading on July 21.

The project "On the state control (supervision) and municipal control in the Russian Federation" establishes the framework for the implementation of state and municipal control provides for the creation of a new risk management model, introduces the concept of control and Supervisory review, fixing procedures, rights and responsibilities of all key participants in such activities.

The bill, in particular, proposes to abandon the use of checks as the primary instrument of control and introduces new types of activities, such as test purchases, in-field survey or a RAID. However, the major will preventative measures such as advice, consultation and guidance.

This draft law should enter into force from 1 July 2021 with the exception of provisions for which other terms.

The second project - "On mandatory requirements in the Russian Federation" determines legal and organizational basis for the determination and assessment of application mandatory requirements. The document also contains the definition of the mandatory requirements, goals and basic principles, the authority for their establishment, development and entry into force of regulatory legal acts, containing such requirements and provisions on the possibility of establishing pilot legal regimes in the sphere of application of mandatory requirements.

In the explanatory note to the draft States that the implementation of provisions will not result in socio-economic, financial and other implications, including for subjects of entrepreneurial and other economic activities and will not affect the achievement of the objectives of state programs of the Russian Federation.

The draft notes that mandatory requirements are established "for the sole purpose of protecting the life, health, morals, rights and legitimate interests of citizens and organizations, of not causing harm to animals, plants, environment, national defense and state security, cultural heritage, protection of other legitimate values." In addition, mandatory requirements must be fulfilled.

Under the proposed amendments, this law shall enter into force on 1 November 2020, except for some provisions for which it is proposed to set a later date.

Reform of control and Supervisory activities, which received the informal name "regulatory guillotine", involves a complete revision of requirements for business of mandatory requirements. The new regulation should enter into force on 1 January 2021. In this process, in particular, at the beginning of December 2019, the Ministry of justice has prepared a resolution on the abolition of more than 3.7 thousand acts of the Soviet Union.