Підходи до оптимізації процедур аналізу регуляторного впливу: світовий досвід та українські реалії

Abstract

The article investigates the experience of optimizing the institution of RIA in developed OECD countries and the European Commission, which allows to distinguish two main approaches to regulatory impact assessment, namely, using the full (classical) or simplified RIA models. The authors give particular attention to the principle of proportionality introduced in developed countries, whose essence is that the depth of analysis and evaluations should be proportional to the degree of the regulatory act’s impact on economy, on individual stakeholders, and on public interests. Considered the importance of selecting "economically significant" regulatory acts. The authors carry out an analysis of the introduction of specific filters for the selection of regulatory acts for RIA in developed countries, namely: 1) definition of types of regulatory acts or spheres of regulation, which are subject to RIA; 2) classification and selection of acts according to the degree of significance; 3) and the existence of exceptions in the field of RIA in accordance with current legislation. To establish the second filter, namely to select regulatory acts based on their importance, the authors propose to use, in Ukraine, first, the introduction of the principle of proportionality, which will introduce into the practice of the assessment of regulatory acts the simplified and complete RIA models; secondly, to introduce combined (quantitative and qualitative) criteria for assessing the significance of draft regulatory acts with determining possible economic consequences of their adoption and in compliance with the criteria of priority of public interests (support for economic growth by optimizing costs and corresponding increase in value added, in the state and local budgets and others); and third, a step-by-step algorithm for implementing the world's best RIA practices into the practice of state regulation in Ukraine.