How to keep afloat in the sea of requirements?

13-02-2018

A lack of systematic and consistent legal policy, poor legal decisions based on political expediency as well as other weak points of the regulatory process resulted in real regulatory jungles that appeared in our country.

Even according to rough estimates, there are currently hundreds of legal acts setting certain requirements for doing business in Ukraine. If we divide these acts into specific requirements, their number will amount to thousands. It is often difficult for a business to realize what the state requires. In this context, the worst thing is that often even inspection bodies themselves can not explain requirements, the compliance of which they should control. A sea of requirements creates an ocean of misunderstanding, in which both the state and business can drown.

Obviously, there is a need to conduct a full inventory of state requirements for businesses as a kind of spring-cleaning of the regulatory environment. How should this happen?

As part of the discussion on a new methodology of developing unified forms of inspection acts, we propose every inspection body to make a list of all legislative requirements it controls in its area before approving this form. In this case, they should specify the following aspects for each requirement:

  • a facility, for operation of which it becomes obligatory (gas station, kindergarten, public catering facility, etc.);
  • a type of activity (according to KVED), to which a certain requirement applies;
  • a value (life, health, proper quality of products, etc.), which a certain requirement should protect;
  • a hazardous event (for example, a fire situation) and a negative consequence (for example, death or personal injuries) that may occur as a result of non-compliance with a certain requirement;
  • a priority of requirements (from 1 to 4 points) should be determined depending on the probability of negative consequences as a result of their violation.

As a result, there will be a legal regulation map for each area of state control. This document will be the basis to develop unified checklists as well as create a mechanism for assessing the effectiveness of each legislative requirement by using IAS tools.

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