Assessment of the effectiveness of legislation in the field of entrepreneurial activity

The article presents a systematic analysis of the institute for the effectiveness of legislation in the field of entrepreneurial activity, the elements of which are procedures and criteria for evaluating effectiveness. The procedures include an examination, an explanatory note, a financial and economic justification for the draft regulatory legal act, an assessment of the regulatory impact, and an assessment of the actual impact. Problems have been identified for each of these procedures. For example, upon examination of a draft regulatory legal act, it was established that the current legislation does not disclose their contents, with the exception of linguistic expertise. An analysis of the content of the procedures "explanatory note" and "financial and economic justification for the draft regulatory legal act" indicates that they are mainly devoted to the economic aspects of the adoption of the draft legal act and to a certain extent duplicate the content of the regulatory impact assessment procedure. In addition, they do not provide a description of the social effect of the implementation of the draft act for different categories of citizens. In turn, the assessment of the actual impact does not include an analysis of the existence of a proper legal mechanism for the implementation of a legal act and the frequency of amendments and additions to the act, the presence / absence of contestation of the act, the identification of the social effect of its implementation; in some areas of regulation, this procedure is absent. Regarding the criteria for evaluating the effectiveness of legislation, the author concludes that they include constitutional values, principles for establishing and applying mandatory requirements, and economic criteria (including those proposed in the framework of an economic analysis of law) that should be applied collectively. The author sees the solution to many problems on the issues under study in the adoption of the federal law on regulatory legal acts, in which it is advisable to consolidate the legislative process and procedures for evaluating the effectiveness of legislation, which has been repeatedly raised in the literature. Currently, in the absence of a basic law on regulatory legal acts in the Russian Federation, the general provisions on the adoption, amendment, and application of the NPA are dispersed in different acts. For example, in Part 7 of Article 3 of the Federal Law "On Mandatory Requirements in the Russian Federation".