Frequently asked questions
FREQUENTLY ASKED QUESTIONS IN THE SPHERE OF REGULATORY IMPACT ASSESSMENT
1. What regulatory legal act provides for the need to assess the regulatory impact of draft decisions of the Eurasian Economic Commission and its procedure
The need to assess the regulatory impact is stipulated in the Treaty on the Eurasian Economic Union dated May 29, 2014.
In accordance with paragraph 15 of the Regulations on the Eurasian Economic Commission, which is Annex No. 1 to the Treaty on the Eurasian Economic Union, all decisions of the Eurasian Economic Commission that may influence the business environment shall be adopted based on the results of regulatory impact assessments of their draft versions.
The procedure for regulatory impact assessments of such draft decisions of the Eurasian Economic Commission shall be determined in Section IX of the Rules of the Eurasian Economic Commission, approved by the Decision No. 98 of the Supreme Eurasian Economic Council dated December 23, 2014.
2. For what purpose is the procedure of regulatory impact assessment of draft decisions of the Eurasian Economic Commission carried out?
The regulatory impact assessment is aimed at identification and elimination of excessive duties, restrictions and (or) prohibitions stipulated under the provisions of the draft decisions of the Eurasian Economic Commission, or arising in connection with these provisions, placed on entrepreneurs, unreasonable expenses of entrepreneurs, which create barriers for free movement of goods, services, capital and labour force on the territory of the Member States of the Eurasian Economic Union.
3. What are the stages and time frame of the procedure for regulatory impact assessment?
The procedure for regulatory impact assessment shall consist of the following stages:
1) current assessment – elaboration of a draft decision of the Eurasian Economic Commission, preparation of the relevant background report and questionnaire, as well as their public discussion (filling);
2) final assessment – preparation of a regulatory impact assessment report.
During the current assessment stage a public discussion of the draft decision of the Eurasian Economic Commission is held by posting it on the official website of the Eurasian Economic Union for a period of at least 30 calendar days, no later than 10 calendar days at which point a summary of the submitted proposals shall be posted on this website, including information on their approval and (or) basis for rejections.
During the final assessment stage the EEC Working group on the regulatory impact assessment of the draft decisions of the Commission shall prepare a conclusion report, within 15 calendar days, for the draft decision of the Eurasian Economic Commission with regard to the on the regulatory impact assessment.
4. What criteria are used to assess the regulatory impact of draft decisions of the Eurasian Economic Commission?
The criteria for the regulatory impact assessment of draft decisions of the Eurasian Economic Commission shall be the following main qualitative characteristics of regulation:
1) problem to be solved by the draft decision of the Eurasian Economic Commission, the purpose of regulation and the group of persons whose interests are protected by the draft decision of the Eurasian Economic Commission;
2) regulatory addressees, including business entities, and the regulatory impact on them;
3) content of restrictions (mandatory rules of conduct) established for regulatory addressees;
4) mechanism for solving problems and achieving goals of regulation stipulated by the draft decision of the Eurasian Economic Commission (description of the relationship between the proposed regulation and the problem being solved);
5) information on the alternatives considered for the proposed regulation.
5. What documents shall be attached to the draft decision of the Eurasian Economic Commission when placing for public discussion within the framework of the procedure for regulatory impact assessment?
When placing the draft decision of the Eurasian Economic Commission for public discussion within the framework of the procedure for regulatory impact assessment, two documents shall be simultaneously posted on the official website of the Eurasian Economic Union:
- an information and analytical report on the impact of the draft decision of the Eurasian Economic Commission on business environment, which is an interim analytical report and which indicates the opinion of the development department, including the main qualitative characteristics of regulation;
- a questionnaire for public discussion of the draft decision of the Eurasian Economic Commission, which shall contain a standardized list of questions to interested parties, designed to obtain expert evaluation of the draft decision of the Eurasian Economic Commission by these persons, including the main qualitative characteristics of regulation.
The forms of information and analytical reports and questionnaires and the procedure for their preparation are provided in Annex No. 5 to the Rules of internal flow of documents in the Eurasian Economic Commission, approved by the Decision No. 46 of the Eurasian Economic Commission Board dated May 5, 2015.
6. Who, how and in what form can send comments and suggestions during the public discussion of draft decisions of the Eurasian Economic Commission within the framework of the procedure for regulatory impact assessment?
Comments and suggestions during the public discussion of draft decisions of the Eurasian Economic Commission can be directed by any person of a Member State of the Eurasian Economic Union or any third country: business associations (national, regional or sectoral business associations), economic entities (legal entities or individual entrepreneurs, non-profit organizations) or natural persons (nationals).
Comments and proposals to draft decisions of the Eurasian Economic Commission can be sent in any of the following three ways:
- using the relevant service of the official website of the Eurasian Economic Union (http://www.eaeunion.org);
- by e-mail (to the e-mail address specified in the questionnaire);
- in hard copy by means of a letter sent to the postal address (3/5 Smolensky Blvd., bldg. 1, Moscow, 119121) or business address (2 Letnikovskaya Str., bldg. 1, bldg. 2, Moscow, 115114) of the Eurasian Economic Commission.
Comments and proposals to draft decisions of the Eurasian Economic Commission can be submitted:
- in the form of free text comments and proposals to the draft decision of the Eurasian Economic Commission as a whole or its separate provisions;
- in the form of a completed questionnaire posted on the official website of the Eurasian Economic Union simultaneously with the draft decision of the Eurasian Economic Commission when it is published for the purpose of public discussion.
7. How many times should the draft decision of the Eurasian Economic Commission be posted on the official website of the Eurasian Economic Union during the procedure for regulatory impact assessment?
During the procedure for regulatory impact assessment, the draft decision of the Eurasian Economic Commission should be posted on the official website of the Eurasian Economic Union three times:
- the first time when the draft decision of the Eurasian Economic Commission is published for public discussion;
- the second time when the draft decision of the Eurasian Economic Commission, finalized following the public discussion, is sent to the EEC Working group on regulatory impact assessment of draft decisions of the Commission for preparing an opinion;
- the third time – following the revision results (if required) of the draft decision of the Eurasian Economic Commission based on the report on the regulatory impact assessment
