Creating a list of regulatory documents should not be treated as a mere formality

13 april 2017

The Analytical Center has hosted an expert discussion about how to best assess the comprehensiveness of lists of regulatory documents containing mandatory requirements and published on the official websites of federal executive bodies in charge of monitoring and supervision activities.

Yuri Zudov, Deputy Head of the Department for Legislative Development of the Ministry for Justice of Russia, noted that ministries and government agencies had compiled lists of regulatory documents and published them on their websites but a number of complaints had been received from the business community regarding their quality. "The specialists got the impression that the public authorities have approached the task of publishing regulatory documents as a mere formality," the expert said. "The lists that were published are not complete; they lack some important federal laws and government resolutions, while at the same time, containing documents that do not really regulate anything." Mr. Zudov believes that the problem shared by most of the lists is that they do not have references to specific chapters and clauses of the regulatory documents and do not specify which persons and items the documents apply to.

As part of the discussion, the participants analyzed the lists and content of regulatory documents that contain mandatory requirements and that were published on the Internet by the Federal Consumer Protection Supervision Service, the Federal Anti-Monopoly Service and the Federal Agricultural Supervision Service.

Speaking about the Federal Consumer Protection Supervision Service, Nadezhda Mashkova, the Head of the Department of State Regulation in the Economy of the Ministry for Economic Development of Russia, noted that the list of regulatory state supervision documents dealing with consumer rights protection contains 61 documents but only 2 of them contain references to chapters and clauses containing mandatory requirements. "At the same time there is sufficient justification for supervision pursuant to 19 documents only," the specialist said.

As for the Federal Anti-Monopoly Service, the experts pointed to errors in the publication of mandatory requirements on the service's website: a link to the list must be published on the front page but right now, it is buried deep within the site structure and is hard to find.

Ekaterina Kolomenskaya, Analytical Center Forum projects manager, pointed to some organizational problems with the lists published by the Federal Agricultural Supervision Service. The expert found some inactive hyperlinks, as well as hyperlinks that do not open or take you to the wrong page; some documents cannot be accessed in full while some other documents were put in the wrong section. Ms. Kolomenskaya also noted that the lists also contain documents that do not set out any requirements.

After that it was the turn of the representatives of the business community to talk about what they had found wrong with the published lists of regulatory documents.