опис дерегуляція
TRANSCRIPT
Deregulation Concept
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Overview of Regulatory Environment
Doing Business 95. Philippines
96. Ukraine – out of 189 97. Bahamas
Economic Freedom 161. Burma
162. Ukraine – out of 178 163. Bolivia
Ukraine in World Economic Ratings
2010 2011 2012 2013 2014 2015
142 145 152 137112 96
162 164 163 161 155 162Doing BusinessEconomic Freedom
7-10 thousands of
regulations and legal acts
Duplicative
Expensive
Inconsistent
Redundant
Inefficient
Corruptive
Burdensome
SME-unfriendly
Ukraine loose up to $Xbln of investments due to unfavourable regulatory environment
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II. Why NOT Guillotine?
Key arguments: Significant amount of already harmonized with EU
legislation, and documents that have to be amended, but not abolished in full.
Other international obligations in WTO, Association agreement, continuous work on visa regime liberalization etc.
Impossibility to proper distinguish already harmonized legislation from non-harmonized, critical from non-critical
Risks for UA export to EU and other markets due to lack of control for product safety, while DCFTA starts on 1st of January 2016
Guillotine approach is opposite to EU practice, where regulation created by legislation and not by the court system
Absence of efficient and independent judicial system, that will allow efficiently protect consumer interests (similar to USA system) makes technically impossible to realize the reform in the way of guillotine
High risk of increase of corruption in case of absence of regulations
Deregulation is not an abolishment, but implementation of more efficient regulation
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III. Deregulation Reform Vision and Scope
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1.2 Decreased number of regulations, permits etc.1.3 Decreased number of inspection bodies1.4 Create transparent, predictable, limited inspection purposes
2.1 Strengthen the State Regulatory Service function by put in place necessary staff and training them for the best-practices2.2 Implementation of RIA, Small business test, peer analysis and other relevant tools on the way of legal act approval for CMU and ideally parliament
3.1 Technical regulation and Food Safety systems are aligned with EU and mutually recognized
3.2 Market surveillance system harmonized with EU
3.3 International trade regulation simplified and harmonized with DCFTA and WTO requirements
1. Radically decreased number of regulations, inspections,
purposes for contact between business and authorities and
its administrative cost
2. The barriers on creation of new excessive and
economically baseless regulations strengthened
3. Efficient regulatory environment created and
functioning
TOP-30 regulatory environment in the world in 2020 for:
• SME business development
• Increase of FDI and capital investments
• Healthy market competition
2.3 Authorities trained to produce qualitative RIA documents
ULTIMATE GOAL STRATEGIC GOALS OPERATIONAL GOALS
3.5 Developed concept and legal framework for self-regulatory organization creation
3.4 Enabled electronic communication between business and authorities
3.6 Regulations switched to the market-regulation mode, where possible
1.1 Strengthened the institutional capacity of government by creating Better Regulation Delivery Office
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III. Deregulation Reform Implementation Approach
All
proc
esse
s ha
ve to
go
sim
ulta
neou
sly
Sectorial review of regulative
environment by BRDO
Avoid the creation of new excessive
regulation
Continue selective deregulation
according to CMU plan
• Strengthen State Regulatory Service (SRS) function by effective implementation of new approaches (Risk-based regulations etc.) and checking new regulations:
1) on the compliance with EU rules and/or world best-practice2) on the reasonability from cost-benefit point of view
• Adopt amendments to the parliament order with the same approach
Develop market and self-regulatory abilities
• Continue implementation of CMU plan and other deregulative initiatives
• Properly monitor, coordinate and support the process through created Deregulation Reform Team that consist of deputy ministers, MPs, experts, NGOs, donors
• Form the concentrated “portions” of the initiatives and then actively support them from PR/GR side, including negative publicity of the sabotage cases .
• Use “Better Regulation Delivery Office” (BRDO) that consist of lawyers and economists for comprehensive review of all state regulations in selected industry/area and ensuring the document drafting and follow-up. It is also to become an expert center on regulations for building Better Regulation in other spheres meanwhile
• Create Concept and Legal framework that unlock the creation of self-regulatory organizations
• Review the world best-practice and create the list of spheres, where government regulation can be transferred to the market and initiate such changes
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• Sectorial approach • Focus on spheres sensitive for SMEs • Cooperation with government, business and civil
society• Cross-cutting review of regulations in all legislative
acts (tree-method) • RIA and other relevant mechanisms to evaluate the
necessity of the legal acts• Dividing regulatory legislative acts into 3 groups: to
keep, to abolish, to amend• Expertise on alignment with DCFTA and WTO
requirements• Pro-active reform promotion and PR/GR
IV. Better Regulation Delivery Office ConceptBRDO Goal is to:
• Reduce cost and complexity of doing business• Reduce corruption factors• Prepare for implementation of the EU DCFTA• Build capacity for better regulation
Key Points:
Main Deregulation Reform Task-Force Independent team Tangible results already in 2015
Oleksiy GoncharukHead of BRDO
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Market Surveillance and Control
Bodies
IT & Telecoms
International trade
Retail Electricity & Utilities
Construction Food & Agriculture
IV. BRDO Focus
7 Sectorial Groups
In each Sectorial Group:1 Chief Lawyer/Analyst
• 5 Lawyers• 4 Analysts DCFTA Expert (part
time)
Spheres and industries that are sensible for SME
Approved by
International
partners a
nd
donors
BRDO≈70 experts
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StepsProcess descriptionState
authorities Civil society Businesscommunity
Governmental committee on European integration (or new Deregulation Committee)
Cabinet of Ministers of Ukraine
Verkhovna Rada
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6
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Forming BRDO team which consists of director, 7 sectoral external expert groups (~ 5 lawyers, 4 analysts, 1 chief lawyer\analyst per group)
BRDO reviews all sectoral regulatory acts (laws, resolutions, regulations etc.), receives proposals from civil society and business community and splits it by 3 groups of acts: to be abolished, to be changed, to be kept
BRDO drafts needed changes into the legislation and transmit to Deregulation Board for the approval
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2
3
The Committee reviews and approves the draft laws, regulations etc.• Head of the Committee – Prime Minister• Deputy Head – Minister of Economy
The CMU reviews and do final approval for the draft laws, regulations ect
Rada reviews and do final approval for the draft laws, regulations
MEDT 4 MEDT transmits draft laws, regulations etc. to Governmental committee
CMU resolution on: changes to «Reglament» which simplifies submission of draft laws to Governmental committee with less approvals. Approved on 16 of Sep.
IV. General Process Description of BRDO
Deregulation Board Key experts + State Regulatory Service + MEDT
Better Regulation Delivery Office (BRDO)
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V. First Stage of Deregulation: Execution StatusStatus of the 1st stage of Deregulation Completion of CMU 357-R Act by
AuthoritiesThere’re 212 initiatives, out of which 70 was completed before forming official Deregulation Plan (CMU Act 357-R) that consist of 142 tasks*. Majority of tasks has to be done until Q4 2015, full list – until Q3 2017.
Main executors of the Act are MEDT (39 tasks), MinAgro (16), MinEcology (12), MinRegion (11), MIA (9). Majority of the tasks to be completed in 3Q-4Q 2015
* - officially 131, but some of the points contain several different docs
All task
s
Completed
Submitte
d to V
RU
Submitte
d to C
MU
Appro
val s
tage
In progr
ess
Not star
ted
Startin
g date no
t 0
50
100
150
200
142
70
22
15 5
46
46
5 3
SRS
NEURCU
MinEnergy
MinInfra
EnergoEffAgency
AntiTrustCom
MinSoc
MinFin
MinHealth
MinJust
NKRZI
ALL
AdmStateSpecTelecom
MIA
MinRegion
MinEcology
MinAPK
MEDT
0 5 10 15 20 25 30 35 40
0
0
1
0
0
1
0
0
0
1
1
0
0
1
3
4
2
8
completed
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V. First Stage of Deregulation: Several Examples
Initiatives Results“UkrEcoResursy” Monopoly of State-owned enterprise UkrEcoResursy on the package utilization
market liquidated Economical effect is 5-7 bln UAH until 2020
Decreased number of licences
Shortened the number of businesses that require the license from 56 to 30 Updated the list of licenses issuers (24 bodies)
Liberalized seaport procedures
Chemical control of segregated ballast cancelled Automatic radiological control put in place Ecology declaration cancelled Inspections joined
Obligatory certification cancellation
Obligatory certification for 16 product group cancelled Certification fro new automobiles abolished, come into force from 2016 Defined the roadmap of full abolishment of obligatory certification and
shifting the system to market surveillance, harmonized with EU legislation Quarantine certificate for grain and oil seeds cancelled Phytosanitary certificates issuing period shortened to 24 hours
E-Commerce law Electronic transactions are now equal to paper transactions Consumer protection covers electronic transaction Electronic signature legalized in B2C relations
Business-ombudsman office Business-ombudsman office created and functioning
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V. Pipeline of Initiatives – Several examplesInitiatives ResultsPublic Administration reform2 Draft Lawsfinal stage of approvals
Draft Law (DL) on List of AdminServices. • decrease number of services from 3000 to approx 450 (abolishment of intermediate
services, deduplication, services that doesn’t have sufficient legal base). • create the basis for electronic way of providing services.
DL on AdminServices system • harmonize and specify legislation in this sphere.
Reform of controlling bodies3 Draft Laws (2531а, 2418а, 3153a)Approved by parliament committee
2531a:• Create the financial responsibility of the inspector for illegal actions• Form the base for integral public database of inspection body plans and actions• Decrease the number of inspections• Focus inspectors on risky businesses
2418:• Liberalize the system of state control
3153a: • Provide temporary moratorium for inspections that buys time for the reform
Licenses and permits3 Draft Laws (2498a, 2558а, 3rd DL)2 approved by parliament committes, 1 - On final stage of approvals
2498a:• Abolish 4 licenses for export/import of alcohol and tobacco
2558a• Cancel, shift to declarative way or optimize the receiving of 22 permits in Agro sector
DL:• Cancel, shift to declarative way or optimize the receiving of more than 30 permits in
different areas
AntiTrust legislation3 DL (2431, 2168a, 2102)Registered in parliament
DLs focused on increase of transparency, predictability and deregulation for SME
Electricity marketDL under development
DL create the principle of “standard connection” that significantly decrease the price and duration of the connection to the electricity network
Improve Ukrainian position in Doing Business rating
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VI. Barriers for New Regulations
1
2
3
4
Regulatory Impact Analysis Upgrade
Small Business Test Implementation
State Regulatory Service Strengthening
VRU “reglament” improvement
Area Influence
RIA provides systematic evaluation of the potential impacts of a new regulation in order to assess whether the regulation is likely to achieve the desired objectives
Small Business Test is widely used instrument for assessing the costs and benefits of new regulations, which is now implementing by SRS
At the moment VR reglament requires only formal regulatory impact analysis of new draft laws
SRS has limited tools for qualitative regulation policy implementation
Obligatory and more specific RIA , based on quantitative analysis, will show not only general quality of regulation, but particular drawbacks and damage, so it may prevent regulation from being implemented
Estimation of the overall cost for SMEs of new regulations, if excessive, can dissuade legislators from regulation and gives SRS an excuse to veto
More efficient analysis of the regulatory acts and more ability to work with the business society
Using RIA and Small-business test by parliament can provide quantitative evaluation of draft laws to improve their quality
The Methodology upgrade is already in approval stage
The most complicated issue
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VI. Self-Regulatory Abilities and Market RegulationDevelop the concept of self-regulation for Ukraine
Create legal framework for Self-regulatory organizations creation and functioning
1. More professional and business-friendly regulation of the markets
2. Improve the customer protection and quality of the products/services for the consumers
3. Decrease budget spendings
! Targets to achieve:
1. “Privatization of corruption”2. Market monopolization3. Lack of control in critical spheres
! Risks to avoid:
To be started in October 2015
Create the list of initiatives for: • switching state regulation to the
market• demonopolisation of the state
services
Draft legal acts together with the market players
Examples:
1. Pass automobile tech inspection function to insurance companies
2. Pass fire inspection function for new buildings to insurance companies
3. Open market for private railway transportation
4. Open market for private marriage registration
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2
1
2
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Team functionsTeam Composition
Key ministries representatives
Civil society
Business community
1. Supervision of the overall reform progress
2. Monitoring of the fulfillment of the Deregulation plan
3. Work coordination on Deregulation plan and other deregulation initiatives
4. Gathering, approving and supporting the deregulation initiatives from the participants and business/expert community
5. Monitoring of the Better Regulation DeliveryOffice activity
6. Document-flow control and support during approval process (CMU, parliament)
7. Coordination of information policy, PR/GR support to the reform
VII. Deregulation Reform Team
Pro-european parliamentary group representativesVictor Galasyuk – Radical Party, Head of parliament committeeOleg Ivanchuk – People’s Front, Head of parliament committeeOleksiy Poroshenko – Bloc of Petro PoroshenkoSerhiy Kiral – Samopomich (self-help)Oleg Ryabchin – Bat’kivschina (motherland)
Reanimation Package of ReformEasyBusinessNew CountryKyiv School of Economics
European Business AssociationBusiness Ombudsman
Ministry of EconomyMinistry of FinanceMinistry of JusticeState Regulatory ServiceMinistry of Agrarian PolicyMinistry of InfrastructureMinistry of Regional PolicyService of Customers protection
Donors representatives
Deregulation Reform Team = Reform Management Board
Resu
ltsDe
regu
latio
n
Number of cancelled regulatory acts, permissions etc
EU Directives on Technical Regulation adopted
Law amended to introduce electronic permits
Changes in Laws on Administrative Services and Permits system
Improved positions in the Doing Business rating
Execution of the Plan of the priority deregulation (131 items)
Decreased number of inspection bodies
Action plan for immediate deregulation signed
OUTPUT:PROCESS:OPERATIONAL: PERCEPTION:
80% GREEN7% YELLOW13% RED
Framework for delegation of state functions to the market and self-regulatory organizations
Changes in business expectations index
Law on Register of Administrative Services
30%PROGRESS IN
H1 2015
100% 8%
Methodology and application of Regulatory assessment procedure reviewed 0%
0%
0%
25%
0%Full inventory audit of regulatory acts
20%
20%
0%
Current status of reform implementation - 30% (in line with expectations).● The plan for deregulation of the agricultural sector and regulatory benchmark simplification has been
approved and implemented.● Due to a significant number of items that require law amendments which have been effectively
passed in April, the main results are expected in H2 2015. This creates some risk for meeting the deadlines. Another significant risk is the high dispersion of responsibility among participants and lack of coordination and control of the plan implementation.
● The Framework for comprehensive deregulation and its action plan were developed recently and are currently in the approval stage. It is expected that the approval process will be finalized in July and it will launch the next phase of the deregulation process.
● The positive news are in the Administrative Services field: bills are in the final stages of development or even approvals by central government bodies. In addition, very productive work is visible in the technical regulation sphere: legal basis and infrastructure are being developed, the process of EU Directives on technical regulation, which is a pre-condition for the signing of the ACCA agreement, are being adopted actively (89% of 2015 plan). The standartization sphere, caused by the difficult financial situation of the National standartization body, that has just started to recover its activity after change in management.
On scheduleDelaySubstantial delay
ASSESSMENT
OF THE NGO, MINISTRY
AND
PROJECT OFFICE
Monitoring procedures for the Action plandeveloped 100%
Comprehensive deregulation Framework and Action plan approved
30%Monitoring procedures for the comprehensive deregulation defined
0%
Law on Technical Regulations Directives
100%Independent metrology and standartization bodies in line with EU legislation
100% АСАА agreement signed
100%
89%
Number of new standards adopted in compliance with the EU regulation
E-Database of standards
1%
0%