RULE-MAKING ACTIVITY: QUANTITATIVE AND QUALITATIVE ANALYSIS
Keywords:
rule-making, legal expertise, public discussion, regulatory impact assessment, anti-corruption expertise, checklistAbstract
Each draft act of legislation developed by the competent state bodies serves to legally regulate a certain area of social relations after its adoption. At the same time, drafts of legislative documents will be submitted to the Government and the Presidential Administration only if there is a conclusion of the Ministry of Justice on the expediency of their adoption at the end of the legal examination. The article discusses the legal and anti-corruption expertise of draft normative legal acts, their regulatory impact assessment, the status of public discussion of draft legislations, and the procedure for state registration of departmental normative legal acts. Adoption of projects of normative legal documents, which are not based on calculations, the impact on the relevant sectors has not been assessed, and the risks of execution have not been analyzed, not only cause the state budget but also unjustified and excessive financial losses of the population and business entities. In addition, this article describes the process of creating norms that are currently in practice. Furthermore, problems and their solutions were thoroughly analyzed, and recommendations were made to eliminate these problems.
References
1. A unified electronic system for the development and agreement of drafts of regulatory legal documents – project.gov.uz. Available at: https://project.gov.uz
2. The portal for the discussion of projects of regulatory and legal documents – regulation.gov.uz. Available at: https://regulation.gov.uz
3. Rayanov F.M. Teoriya gosudarstva i prava [Theory of Government and Rights]. Moscow, Jurist Publ., 2002.
4. Coglianese C. Measuring regulatory performance: Evaluating the impact of regulation and regulatory policy. Expert Paper No. 1. Paris, OECD, 2012. Available at: https://www.oecd.org/gov/regulatory-policy/1_coglianese%20web.pdf
5. Livermore M.A., Revesz, R.L. Rethinking health-based environmental standards. New York University Law Review, 2013, no. 89 (4), pp. 1184–1262.
6. Ellig J. Evaluating the quality and use of regulatory impact analysis. Regulation & Governance, 2016, no. 10 (1), pp. 1–7.
7. Lodge M., Wegrich K. Managing regulation: Regulatory analysis, politics and policy. London, Palgrave Macmillan, 2012.
8. Radaelli C.M., De Francesco F. Regulatory quality in Europe: Concepts, measures, and policy processes. Manchester, Manchester University Press, 2010.
9. Kartashov V.N. Teoriya pravovoy sistemy obshchestva [Theory of the legal system of society]. Yaroslavl, Yaroslavl State University, 2005.
10. Bakhrakh D.N. Administrativnoye pravo Rossii [Administrative law of Russia]. Moscow, Norma Publ., 2017.
11. Kuznetsov S.A. Normotvorchestvo: teoriya i zakonodatel’naya praktika [Rulemaking: theory and legislative practice]. Moscow, Formula prava Publ., 2008.
12. Malko A.V., Subochev V.V. Zakonnyye interesy kak pravovaya kategoriya [Legitimate interests as a legal category]. Moscow, Norma Publ., 2010.
13. Oreshin Ye.P. Sistemnyy podkhod k poznaniyu prava [Systematic approach to the knowledge of law]. Moscow, Norma Publ., 2018.
14. Bendor J. Quantifying regulation. Annual Review of Political Science, 2015, no. 18, pp. 261–276. DOI: 10.1146/annurev-polisci-060113-120957
15. Radko T.N. Theory of state and law. Moscow, 2016.

