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The EEC Minister in charge of Economy and Financial Policy Timur Suleimenov: “The Regulatory Impact Assessment procedure on drafts of the EEC decisions will be implemented in the EEC activity from the moment of launching the Eurasian Economic Union - sinc

The EEC Minister in charge of Economy and Financial Policy Timur Suleimenov: “The Regulatory Impact Assessment procedure on drafts of the EEC decisions will be implemented in the EEC activity from the moment of launching the Eurasian Economic Union - sinc

12/15/2014

The EEC Minister in charge of Economy and Financial Policy at December 12, 2014 during the International roundtable discussion «Regulatory Impact Assessment in Eurasian Economic Commission: towards the launch - 1 January 2015» told to representatives of the Russian and Kazakhstan business-community how the Regulatory Impact Assessment (RIA) procedure on drafts of the EEC decisions, that may have an impact on the business environment, will be implemented in the EEC activity from the moment of launching the Eurasian Economic Union - since January 1, 2015.

The Roundtable discussion was organized by the Business Development Department of the EEC in conjunction with the Chamber of Commerce and Industry of the Russian Federation (CCI of Russia) and the Moscow International Business-association. The representatives of Russian and Kazakhstan government authorities, science and education community, Russian and Kazakhstan business-community took part in the Roundtable discussion.

Vice-president of the CCI of Russia Dmitry Kurochkin and CEO of the Moscow International business-association Aleksandr Borisov appeared on the Roundtable discussion.

The EEC Minister in Charge of Financial Policy Timur Suleimenov remarked in its introduction that the RIA procedure had been implemented in the Treaty of the Eurasian Economic Union (EEU) from May 29, 2014 that would take in force since January 1, 2015. Timur Suleimenov declared that the Treaty of the EEU brought the relationships between the EEC and business-communities the Member States of the EEU to a new higher and more qualitative level, because the supranational regulatory powers of the EEC raised. At the present time a significant part of normative regulation power in economic sphere is delegated from national to supranational level by Parties; at the present time there are more than 300 powers that are delegated to the EEC level.

“If the EEC received direct powers “to regulate” that is “to influence on the business environment”, than the direct obligations to regulate it balanced with maximum business participation should appear” – Timur Suleimenov underlined. The EEC representative noticed there had been no formed procedure concerning relations between the EEC and business and an implementation of the RIA procedure as a purpose not to allow barriers for the free transportation of goods, services, investments and labor was the innovation of the EEC.

As Timur Suleimenov said, Eurasian RIA procedure is based on the European and Russian experience: “But in contradiction to EU we will conduct RIA procedure with only focusing on impact on the business environment of the EEC decisions, herewith we won’t conduct complex research concerning taking into account impact on energy efficiency, social and ecology consequences of decision’s adoption for example”. He as well as the EEC representative said that the EEC had been able to take into account the Russian and Kazakhstan approaches as part of RIA procedure. Therefor during the conducting of the RIA procedure the opinion of the Business dialogue of the Custom Union (CU) and Single Economic Space (SES) Member-States will be reflected. “Now we can realize the best practices of our states at the supranational level” – the representative of the EEC said.

As the EEC Minister said that at that time the questions of the RIA procedure on drafts of the EEC decisions conducting was determined by the certain article of the Regulations of the EEC that should be presented for adoption to the Supreme Eurasian Economic Council (the Presidents of Belarus, Kazakhstan and Russia) on December 23, 2014. “In the last messages of the Presidents of Kazakhstan and Russian it sounded as a refrain that the business development is a main driver of our States economic growth” – Timur Suleimenov said. In this regard the EEC representative expects that formalizing of the RIA procedure in the Regulations of the EEC will be provided by the functional and clear implementation of RIA procedure in practice. The EEC Minister appealed to business and expert community of CU and SES to take an active part in improving of RIA procedure methodology and business dialogue also in public consultations of certain drafts of the EEC decisions in practice.

Head of Business Advocacy Division of the Business Development Department of the EEC Artem Yulegin told how at that time the RIA procedure on drafts of the EEC decisions is defined in draft or the Regulations of the EEC.

The annual report concerning the monitoring of the RIA procedure conduction would be presented by the EEC Council to the Eurasian Intergovernmental Council (Deputy Prime-Ministers) for consideration. The EEC representative mentioned such the EEC achievement in relation of the RIA procedure as an extension of terms of the publication of documents that are liable to RIA procedure on the EEC official site (from 15 to 88 days). The opportunity of sending comments and suggestions to drafts of the EEC decisions or information sheets for its drafts, filling of questionnaires, exchanging information about RIA procedure between the EEU site and other sources will be accessible for any interested persons that is real involvement of the expert and business community in the work on the EEC documents. Moreover interested persons will be informed about comments and suggestions to drafts of the EEC decisions that have been approved or rejected with explanation the reasons of the last one.

From January 1, 2015 through the planning of the EEC Board activity the transparency will be provided by means of the publishing of the plan of the EEC Board activity on the EEU official site, the principle of preliminary legal definiteness of a subject of the offered regulation will be realized, the terms of response to business requests will be established (the responses to electronic or written business requests will be sent no later than within 30 days after internal registration), the disciplinary responsibility of the EEC employees for timely and quality of responses to business requests will be implemented. The possibility of explaining also will be included in the form of the EEC recommendation in case of receiving from the Member States of the EEU or from business analogical requests concerning necessity of explanation of application provisions of the EEC decisions.

Artem Yulegin mentioned that the RIA procedure conducting would be provided by the Working group that structure and order would be adopted by the EEC Board.

Director of the RIA Center of the National Research University “Higher School of Economics” – Daniel Tsygankov in its speech qualified the instruments of the RIA procedure that were applied through the EEC as advanced because they were elaborated with the account of best International and Russian experience.

Then Full Professor of the Department for Public law, Jurisprudence and Legal history of the Tillburg University (Netherlands) Anne Meuwese presented the report about a RIA practice in the European Commission.