ROLLING REVIEW
clearing the regulatory field from the regulation that does not correspond with the principles of regulatory policy
assessment of the quality of markets regulation and consideration of the last years’ experience to develop a new regulation
System assessment of the regulatory field (Rolling Review) is a review of markets regulation to improve its quality (effectiveness), including:
preparation of recommendations regarding the system regulatory improvement
practical implementation of the cooperation of the state (regulators), businesses and society leading to the increased level of business involvement in the process regulating its activity
ROLLING REVIEW METHODOLOGY
0
Preparation Previous inventory and review of regulatory acts by Better Regulation Delivery Office experts Formation of working groups at the ministries Inventory of the Regulation acts, markets, aims and objects
1 2
Efficiency analysis of market regulation “Green Book” is the report on the effectiveness of current regulation and ways to improve the efficiency of market regulation The Ministry provides regulation aims and their possible indicators
Approval of the Regulation model “White Book” is the determination of the model and effective actions plan of the market regulation The Ministry and the Better Regulation Delivery Office choosing a combination of measures
3 public consultations
Draft Laws Development The package of the legislative changes to implement the effective market regulation Package development is based on the model
Public start of the process
With the aim of objective assessment of the regulatory framework, inventory and clearing, the Better Regulation Delivery Office appealed to the Ministry of Economic Development and Trade of Ukraine with the proposal to start the systematic review of regulatory acts. This initiative was supported by the First Vice Prime Minister of Ukraine Stepan Kubiv who signed the corresponding Order in August 16, 2016.
Methodology of the market regulation review No
Yes 1. Acts legitimacy 1.1 Is this act registered by the Ministry of Justice? 1.2 Is the act adopted in pursuance of the law? 1.3 Is the act relevant?
2. Regulation Necessity 2.1 Is the regulation effective? 2.2 Is the regulation useful from the perspective of businesses?
-10
10
3. Corruptive risks of procedures high
low 10
1
4. Convenience of the market regulation for the business uncomfortable
comfortable 10
1
dcfta
Abolish
Document analysis
Improve
Regulation results analysis
Save
Business poll
Assessment results of the previous regulatory acts review Legitimacy assessment Result of the legitimacy assessment
Legal Illegal, protected Illegal, must be removed
Analyzed by the publisher
1 103 20 203
Analyzed by sectors
Construction Energy Control and Supervision Agriculture Transport
The Verkhovna Rada 124 The Cabinet of Ministers 401 Ministries 429 Other 438
Analyzed by types
315 178 495 655 95
Law 126 Resolution of the Cabinet of Ministers 536 Order 591 Code 10 Other 1 044
Importance assessment Result of the importance assessment
Completely important Partly important Completely important
746 117 318
Analyzed by sectors
Construction Energy Control and Supervision Agriculture Transport
Analyzed by the publisher
The Verkhovna Rada The Cabinet of Ministers Ministries Other
122 375 351 383
Analyzed by types
265 154 459 589 85
Law Resolution of the Cabinet of Ministers Order Code Other
124 501 487 8 918
Stage 1. Market regulation efficiency analysis Analysis Regulation of Market regulation: Acts Obligatory permits (regulations), their procedures Regulation statistics Regulators Functions
Market
Participants Business processes Market statistics Analytics
Aims
Aims Task Problems Problems indexes
Regulatory decisions Poll of every one is interested of every case
Consultations
According to the results of market analysis we will form an exhaustive list of applicable regulatory decisions, which efficiency will be analyzed further
Analysis Efficiency of Analysis of every regulatory case (accident) that exists at the market in terms of efficiency in solving problems
Therapy Determination of the measures to improve the efficiency of market regulation
Alternatives Determination of the alternatives to improve the market efficiency
Alternatives comparison Analysis and determination of the of advantages and disadvantages of the alternatives
Consultations
According to the results of regulation diagnostics the efficiency evaluation of regulatory decisions and market is being formed, and measures of efficiency improving are offered
Pilot Markets (December 2016 – January 2017)
Market of metal structures and parts of structures
Wood market
Market of international passenger transportation
Mobile payments market
Electrical power distribution market
Step 2. Regulation model approval Process Consultations
New matrix
Polling of everyone Approval of the who is interested of desired state of every case market regulation
Measures choose
Forecasting
Approval of the Forecasting the measures to achieve effects of measures the desired state of approval market regulation
Terms of Reference Description of the terms of reference for legislative drafting
According to the results of the consultations Effective Market Regulation Concept is approved and becomes the terms of reference for the legislative drafting of the package of changes
Step 3. Draft Laws Development Conclusion review according to the results of market regulation evaluation
1
Development of the draft amendments to the market regulatory acts
2
Publication and dissemination of the developed draft laws
3
Approval of the developed draft amendments at the level of the Cabinet of Ministers of Ukraine
4
Public Consultations
Improved regulation
8
Problem issue/ Defined market
1
Draft Law
7
2
Consultations at the national level. Key interested parties
MARKET X Consultations 6 at the national and regional level
3 Green Book
5 White Book
4 Consultations at the regional level. Key interested parties
+38 (044) 332 49 12 | office@brdo.com.ua | www.brdo.com.ua Khoryva St., 55K | Kyiv, 04071, Ukraine ROLLING REVIEW Project Manager Oleksii Dorogan | o.dorogan@brdo.com.ua Analysis Head Igor Lavrynenko | i.lavrinenko@brdo.com.ua