Statistical relationships in the rule-making activity of Russia’s state bodies
https://doi.org/10.38050/01300105202141
Abstract
The article provides the analysis of the relationship between the rule-making activity of Russia's state authorities: parliament, president, government and federal executive bodies. The analysis of Granger causality, carried out for statistical series of federal authorities rulemaking activity, indicates that the level of laws specification largely determines the level of by-laws specification (government decrees and orders of federal executive bodies), thereby exerting a significant impact on entire Russian regulatory framework volume. Econometric analysis based on a corpus of federal laws and aggregated corpus of regulations shows that the entire rule-making activity of the Russian parliament and federal authorities is explained by overlapping sets of factors. The findings indicate that to consolidate the effect of the “regulatory guillotine” it may be useful to develop mechanisms (procedural rules) that correct the balance between the pace and quality of developing legislative initiatives.
Keywords
rule-making activity,
Granger causality,
federal laws and regulations,
econometric analysis,
regulatory guillotine
Supporting agencies: The article was written on the basis of the RANEPA state assignment research programme.
References
1. Analytical Center for the Government of the Russian Federation (2021). Reform of control and supervision activities (web-portal). Date of access: 10.05.2021, https://knd.ac.gov.ru
2. Golodnikova, A., Efremov, A., Sobol, D., Tsygankov, D., Shklyaruk, M., & Komin, M. (ed.). (2018). Regulatory policy in Russia: main trends and architecture of the future. Center for Strategic Research, HSE University.
3. Institute for Public Administration and Governance at HSE University (2020). Assessment of the complexity of the language of laws. Analysis of existing legal, technical and linguistic approaches to the development of draft legislative acts, development of proposals for their adjustment. IPAG, HSE University.
4. Kommersant (2018, February 19). Legislation is tired of changes. Presidential lawyers are dissatisfied with the quality of legislative work. Retrieved May 10, 2021, https://www.kommersant.ru/doc/3553833
5. The Constitution of the Russian Federation (1993, December 12), adopted by popular vote on 12.12.1993. with the changes approved during the all-Russian vote on 07/01/2020.
6. Kuchakov, R., & Saveliev, D. (2018). The complexity of legal acts in Russia: Lexical and syntactic quality of texts. Skugarevsky D. (ed). Analytical Notes on the Problems of Law Enforcement. Saint-Petersburg: Institute for the Rule of Law (IRL) at the EUSPb. Retrieved May 10, 2021, https://enforce.spb.ru/images/analit_zapiski/memo_readability_2018_web.pdf
7. Lukatsky, A. (2021). Mathematical assessment of the readability of regulatory acts. Retrieved May 10, 2021. https://lukatsky.blogspot.com/2021/03/blog-post_29.html
8. Ministry of Economic Development of the Russian Federation (2018). Key results of Regulatory Impact Assessment Department in 2017. Retrieved May 10, 2021, http://orv.gov.ru/Files/GetFile?fileid=e768c7e2-cb4a-48b2-bf50-fb9fd24b6f29
9. Oleinik, A. (1999). Norm as a Basic Element of Institutions. Voprosy Ekonomiki, 1999, 2, 138-143.
10. Pavlov, P. N. (2019a). Economic and Political-Economic Factors of Regulatory Activity in Russia: Analysis in the Context of the Rule-Making Initiative Subjects. Obshchestvennye nauki i sovremennost, 6, 74-90.
11. Pavlov, P. N. (2019b). Economic Determinants of The Rule-Making Activity in Russia. Public administration issues (HSE), 2, 39-70.
12. The list of instructions of the President of the Russian Federation on the implementation of the Address to the Federal Assembly dated 02.20.2019. Retrieved May 10, 2021, http:// www.kremlin.ru/acts/assignments/orders/59898
13. The action plan («road map») for the implementation of the «regulatory guillotine» mechanism, approved by The Russian Government at 05/29/2019 № 4714p-P36.
14. Resolution of the Chief State Sanitary Doctor of the Russian Federation dated 05.22.2020 No. 15 «On the approval of sanitary and epidemiological rules SP 3.1.3597-20 «Prevention of new coronavirus infection (COVID-19)».
15. Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of July 30, 2013 No. 58 «On some issues arising in judicial practice when arbitration courts consider cases on challenging regulatory legal acts».
16. Resolution of The Russian Government dated 04.08.2015 No. 785 «On the Government Commission on Import Substitution» (together with the «Regulations on the Government Commission on Import Substitution»).
17. Resolution of The Russian Government dated 31.12.2020 No. 2467 «On approval of the list of regulatory legal acts and groups of regulatory legal acts of The Russian Government, regulatory legal acts, individual provisions of regulatory legal acts and groups of regulatory legal acts of federal executive bodies, legal acts, individual provisions of legal acts, groups of legal acts of the executive and administrative bodies of state power of the RSFSR and the USSR, decisions of the State Commission on Radio Frequencies containing mandatory requirements in respect of which the provisions of Parts 1, 2 and 3 of Article 15 of the Federal Law «On Mandatory Requirements in the Russian Federation» are not applied».
18. Order of the Ministry of Industry and Trade of Russia dated 31.03.2015 No. 645 «On approval of the plan of measures for import substitution in the oil and gas engineering industry of the Russian Federation».
19. Order of the Ministry of Industry and Trade of Russia dated 16.04.2019 No. 1329 «On approval of the Action Plan for import substitution in the oil and gas engineering industry of the Russian Federation».
20. Order of the Ministry of Labor of Russia, the Ministry of Health of Russia dated 31.12.2020 No. 988n / 420n «On approval of the list of harmful and (or) hazardous production factors and work, during which mandatory preliminary medical examinations are carried out upon admission to work and periodic medical examinations».
21. Radygin, A., Abramov, A., Aksenov, I., Ilyasova, G., Malginov, G., Chernova, M., & Entov, R. (2018, January). Effective management of state property in 2018—2024 and until 2035 Analytical report. Center for Strategic Research.
22. Radygin, A., & Entov, R. (2012). "State failures": theory and politics. Voprosy ekonomiki, 12, 4-30.
23. Order of The Russian Government dated 27.01.2015 No. 98-r «On approval of the plan of priority measures to ensure sustainable economic development and social stability in 2015».
24. Order of The Russian Government dated 21.03.2016 No. 471-r «On the list of goods, works, services, in case of procurement of which the customer is obliged to conduct an auction in electronic form (electronic auction)».
25. Order of The Russian Government dated 15.12.2020 No. 3340-r «On the approval of the list of types of state control (supervision), within the framework of which are ensured the recognition as invalid, not valid on the territory of the Russian Federation and the cancellation of regulatory legal acts of The Russian Government, federal executive bodies, legal acts of the executive and administrative bodies of state power of the RSFSR and the USSR, containing mandatory requirements, compliance with which is assessed during the implementation of state control (supervision)».
26. Rossiyskaya Gazeta. More than nine thousand acts may fall under the regulatory "guillotine". Date of access: 10.05.2021, https://rg.ru/2019/02/15/reg-ufo/pod-reguliatornuiu-gilotinu-mogut-popast-svyshe-deviati-tysiach-aktov.html
27. Agreement between The Russian Government, the Government of the Republic of Belarus and the Government of the Republic of Kazakhstan dated 18.06.2010 «On the procedure for moving goods by individuals for personal use across the customs border of the customs union and performing customs operations related to their release».
28. Standard STO.FSB.KK 1-2018 «Computer examination. Terms and definitions», approved by Director of the FSB 12.11.2018, No. 33.
29. Ordinance of the Bank of Russia No. 5713-U dated 13.01.2021 «On the volume, forms, timing and procedure for drawing up and submitting reports of a specialized depository».
30. Federal Law No. 247-FZ dated 31.07.2020 «On mandatory requirements in the Russian Federation».
Review
For citations:
Pavlov P.N. Statistical relationships in the rule-making activity of Russia’s state bodies. Moscow University Economics Bulletin. 2021;(4):3-28. (In Russ.) https://doi.org/10.38050/01300105202141
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