regulatory Impact Assessment (RIA),
normative legal act,
lawmaking,
subject of regulation,
regulatorypolicy,
Smart Regulation,
principle of proportionality,
regulator,
oecd,
the Central Bankof Russia
Abstract
Modern legal literature has no studies on the legal control over regulatory impact assessment (RIA) for draft regulatoryacts of the Central Bankof Russia.At the same time,RIAremains an essential element of the law-making process,its effectiveness directlydepends on quality,consistency,and enforceabilityof requirements. The article is focused on studying the legal regulation for RIA of draft regulatory acts of the Central Bank of Russia and law enforcement in this area.As an instrument of "smart regulation", regulatory impact assessment has been adopted from the legislation of foreign countries.The studyaims to analyze the legal regulation of RIA for compliance with the Recommendation of the OECD Council on Regulatory Policy and Governance 2012. Considering the legal frameworkfor assessing the regulatoryimpact of draft regulatoryacts of the Central Bank of Russia,the study revealed that the legal regulation of the regulatory impact assessment for draft regulations of the Central Bank of Russia does not fully meet the principles enshrined in the OECD Recommendations; this applies to regulatorypolicyand "smart regulation"instruments.For example,there is no definition for the subject of evaluation,no transparent criteria to form the terms of public discussion,and no obligation on the regulator to post a summary of the proposals received and the conclusion on the RIA on the official website.The author concludes that we should improve the qualityof legal regulation of the RIAfor draft regulatoryacts of the Central Bank of Russia via its further development according to the principles of the OECD regulatory policy.
