Abstract
The purpose of this study is to analyse the functioning of the “regulatory guillotine” in the context of the development of administrative law. The authors used qualitative methods to identify the features of the “regulatory guillotine” and determine its place among the institutions of administrative law. Quantitative methods were applied to define the scope and consequences of administrative reforms. The use of the legal comparative method made it possible to describe the peculiarities of the “regulatory guillotine” in Russia. The research results were conclusions from the analysis of legislation and the practice of implementing administrative and legal reforms that show the technological nature of the “regulatory guillotine”. In terms of organisation and implementation, the authors attributed the “regulatory guillotine” to administrative reforms, but in terms of content, the “regulatory guillotine” goes beyond even legal reform, as it involves assessing regulatory instruments from the point of view of not only legality but also economic efficiency and social feasibility. The novelty of this research should be considered the conclusion that the “regulatory guillotine” technologies can contribute to the improvement of administrative and legal regulation in Russia, provided they are thoroughly and purposefully applied in conjunction with the updated institutions of administrative procedures, administrative responsibility, licensing, expert and evaluation activities.
Highlights
In the second half of the twentieth century, the number of entities with regulatory powers in business is expanding [1, 2]
There are risks of making mistakes in the course of reforms at the beginning of the twentieth century: quantitative indicators may prevail over qualitative ones; solving complex problems may depend on the personal qualities of managers, and not legal regulation or even professional expert assessments
In 2019-2020, in Russia there were reviewed the legal instruments of federal executive bodies operating in the field of control/supervisory activities
Summary
In the second half of the twentieth century, the number of entities with regulatory powers in business is expanding [1, 2]. It is no coincidence that since the 1970s, in many countries of the world reforms have been carried out to optimise the number of regulations and improve their content. Since 1980s, in many countries of the world, in response to the expansion of administrative law regulation of the economic activities, the “regulatory guillotine” technologies have been used. They allowed the state to revise regulatory provisions, reduce their number and simplify the content of regulation. The Administrative Procedure Act of 1990 established some general rules on administrative action; Statute of 1997 [5] determined that, on an annual basis, the Government would identify the administrative procedures to be simplified and the Parliament would adopt a statute on administrative simplification. In 2019-2020, this technology was mastered in the Russian Federation
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