The law on the reform of the system of mandatory requirements
From November 1, 2020, the Federal Law of July 31, 2020 No. 247-FL "On mandatory requirements in the Russian Federation" comes into force.
Mandatory requirements are requirements established by:
- federal laws,
- decrees of the President of the Russian Federation,
- legal acts of the Government of the Russian Federation, federal executive bodies and subjects of the Russian Federation, municipal legal acts,
- the Treaty on the Eurasian Economic Union of 29 May, 2014 and the legal acts of the Eurasian Economic Union,
- international treaties of the Russian Federation,
- legal acts of the State Atomic Energy Corporation «Rosatom» and the State Corporation for Space Activities «Roskosmos».
The law defines the principles for establishing and assessing the application of the mandatory requirements contained in regulatory legal acts:
- related to the implementation of business and economic activities,
- compliance with which is monitored by state and municipal supervisory authorities,
- related to bringing to administrative responsibility, with the provision of licenses and other permits, accreditations, etc.
The law stipulates that legal acts establishing mandatory requirements may enter into force only from March 1 or September 1 of the corresponding year, but not earlier than 90 days after the day of official publication.
The law also defines the principles for establishing and assessing the application of mandatory requirements:
- the purposes of establishing mandatory requirements can only be the protection of people's life and health, morality, rights and legitimate interests of citizens and organizations, not causing harm to animals, plants, environment, defense and security of the state, cultural heritage objects, values protected by law;
- application of mandatory requirements by analogy is unacceptable;
- mandatory requirements must correspond to the modern level of development of science and technology, national economy and material and technical base;
- assessment of the risk of causing harm to legally protected values should be the result of an analysis of objective and regularly collected information on the level of harm caused;
- establishment of mandatory requirements should be accompanied by an assessment of the availability and effectiveness of alternative measures to prevent harm;
- mandatory requirements must comply with the principle of legal certainty, ie. be clear, logical and understandable;
- mandatory requirements should not duplicate and contradict each other;
- mandatory requirements must be brought to the attention of persons obliged to comply with them by publishing regulatory legal acts in compliance with the relevant procedures;
- mandatory requirements must be enforceable, ie. commensurate with the cost of their implementation and with the risks avoided by these requirements;
- establishment of mandatory requirements that exclude the possibility of fulfilling other mandatory requirements is not permissible;
- risks of selective application of mandatory requirements should be minimized.
The assessment of mandatory requirements for compliance with the legislation of the Russian Federation and the above principles is carried out through legal expertise of draft regulations, including the assessment of regulatory impact.
Regardless of the recognition as invalid, not effective in the territory of the Russian Federation or canceled regulatory legal acts within the framework of the "regulatory guillotine", from January 1, 2021, when exercising state control, it is not allowed to assess compliance with mandatory requirements if they entered into force before January 1, 2020 It was also established that from January 1, 2021, non-compliance with the requirements contained in such acts will not be the basis for bringing to administrative responsibility if they entered into force before January 1, 2020.
From January 1, 2021, when exercising state control, granting licenses and other permits, accreditations, it is not allowed to assess compliance with the mandatory requirements contained in officially unpublished regulatory legal acts (with the exception of requirements constituting state secrets, related to legally protected or restricted information).
These provisions are not applied in the electric power industry, as well as in the implementation of public-private partnership projects with the participation of the Russian Federation.