Regulatory Reforms - Implementation and Compliance: Proceedings of the Tenth Congress of the International Association of Legislation (IAL) in Veliky Novg…

Sergey Kabyshev; Prof. Dr. Luzius Mader

doi:10.5771/9783845244228

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Edited Book No access

Regulatory Reforms - Implementation and Compliance

Proceedings of the Tenth Congress of the International Association of Legislation (IAL) in Veliky Novgorod, June 28th - 29th, 2012

Editors:
Series:: International Association of Legislation (IAL) / Deutsche Gesellschaft für Gesetzgebung (DGG), Volume 17
Publisher:: 2014

Summary

Regulatory reforms and the quality of legislation are nowadays important issues discussed among legal scholars, legislative lawyers and politicians. In many countries and also at the level of the European Union efforts are made to improve regulations and to introduce new standards or to strengthen existing good practices. Reforms include substantial aspects (content of norms or public policies) as well as procedural or institutional aspects and the techniques and forms of regulation.

This publication contains contributions from the point of view of different countries and legal systems. Special focus is given on the situation in Russia where regulatory reforms meet particular challenges because the current context in many regards differs fundamentally from the Soviet past. The political, institutional, economic, technical and territorial conditions are indeed hardly comparable and require more profound and comprehensive changes than in most other countries. Furthermore, the contributions highlight the fact that reforms have to be implemented; it is not enough to merely decide them.

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Bibliographic data

Edition: 1/2014
Copyright Year: 2014
ISBN-Print: 978-3-8329-7979-9
ISBN-Online: 978-3-8452-4422-8
Publisher: Nomos, Baden-Baden
Series: International Association of Legislation (IAL) / Deutsche Gesellschaft für Gesetzgebung (DGG)
Volume: 17
Language: English
Pages: 352
Product Type: Edited Book

Titelei/Inhaltsverzeichnis No access Pages 1 - 12
1. Opening Address No access Pages 13 - 17
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2. Law-making Policy of the President of the Russian Federation No access Pages 18 - 24
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1. Optimization of Legal Regulation and Methods of Design No access Pages 25 - 40
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2. Authors:
  1. Abstract No access
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  2. Compliance as a prerequisite for effective regulation No access
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  3. Understanding compliance: rational and constructivist compliance theories No access
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  4. Implementation & enforcement: legal standards No access
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  5. Enforcement strategies No access
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  6. Enforcement strategies in legislative and policy practice No access
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  7. Enforcement debate in the Netherlands: the Michiels Commission No access
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  8. Authors:
    1. The deterrent effect of punishment as a motive for regulatory compliance No access
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    2. Explanations for compliance and non-compliance No access
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    3. Differential Attributions No access
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  9. Conclusion No access
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  10. Annex Table of 11 No access
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3. Authors:
  1. Preliminary Considerations on Rule of Law in Contemporary Russia’s Context No access
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  2. Main features of the legislative process in Russia No access
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  3. Regulatory Impact Assessment No access
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  4. Authors:
    1. Introductory note No access
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    2. Authors:
      1. A legal act should be consistent with the Constitution and international instruments No access
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      2. A legal act should be comprehensive in scope, reflecting the interdependence and indivisibility of different statutory provisions No access
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      3. A legal act should be considered in its application as a process as well as an outcome No access
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      4. A legal act drafting should include a broad and intensive consultation process No access
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      5. A legal act should be a national undertaking No access
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      6. A legal act should be a public document No access
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      7. A legal act should be action-oriented No access
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      8. A legal act should be effectively evaluated at all stages of drafting and implementing No access
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      9. A legal act should be prepared for a continuous process of application No access
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      10. A legal act should have international and comparative dimensions No access
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    3. Common Difficulties No access
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4. Authors:
  1. Introduction No access
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  2. C: Centralized Regulation No access
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  3. A: Acceptance No access
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  4. I: Implementation No access
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  5. S: Serenity No access
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  6. S: Security (Legal Certainty) No access
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  7. A: Access? No access
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  8. Conclusion No access
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5. Russian Legislation: Whither Goest Thou? No access Pages 94 - 96
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6. Constitutional Reforms: a Comparative Analysis No access Pages 97 - 108
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7. Authors:
  1. Introduction No access
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  2. Membership and structure No access
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  3. Current activities No access
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  4. History No access
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  5. Conclusion No access
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8. The Problems of Democratic Reforms of the Lawmaking in Modern Russia No access Pages 115 - 127
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9. Authors:
  1. Introduction No access
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  2. The 2011 UK’s Better Regulation Policy: The national case study No access
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  3. Authors:
    1. From the Better Regulation Agenda to the Smart Regulation Agenda No access
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    2. How to achieve the aims of the Smart Regulation Agenda No access
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  4. So what then? No access
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  5. Are innovations in drafting a result of regulatory reforms? No access
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1. Authors:
  1. Introduction No access
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  2. The concept of social law and the complexity of social legislation No access
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  3. Institutional Development and Methods No access
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  4. Authors:
    1. The German court decision of 9th Februar 2010 No access
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    2. Enforcement of Social Rights in Latin America No access
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    3. Institutional Development and Methods No access
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  5. Conclusions No access
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2. Authors:
  1. Introduction No access
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  2. Basis of legislation and codification No access
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  3. Rules of behavior and obligatory orders for the law enforcers No access
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  4. Tendency to restrain the legislative activity of the subjects of the Russian Federation No access
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  5. The necessity of a systematic and scientific approach to the organization of the lawmaking process No access
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  6. Authors:
    1. The problem of "response time" No access
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    2. The trend to join in a single act two independent and different in purpose sets of norms No access
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    3. Phased introduction of new legislation No access
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  7. The tendency to avoid pathos in the designation of the main subjects No access
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3. Authors:
  1. Authors:
    1. Professor Denis Rogachev, Member of the Moscow State Law Academy No access
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    2. Dr. Lorena Bustillos, Research Fellow at the Max-Planck Institute for Social Law and Social Policy in Munich No access
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    3. Dr. Yoo-Hwan Kim, President of the Republic of Korea Legislation Research Institute No access
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  2. Authors:
    1. Implementation of law strongly depends on the quality of the lawmaking procedure No access
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    2. Means for law implementation must be planned and organised No access
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1. Authors:
  1. Multi-subject nature. No access
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  2. Poor ergonomics. No access
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  3. Lack of necessary credentials. No access
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  4. Lack of standard codification processing. No access
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2. Authors:
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    1. History of Korea’s e-Government No access
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    2. Organization No access
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    3. Current Status of Korea’s e-Government No access
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    4. 2012 UN e-Government Survery No access
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  2. Authors:
    1. Tasks of e-Leaders No access
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  3. Authors:
    1. Governmental Information Data Center (GIDC) No access
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    2. On-Nara BPS (Business Processing System) No access
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    3. Government Information Sharing No access
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    4. e-Customs : UNI-PASS No access
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    5. e-Patents : KIPOnet No access
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    6. e-Procurement : KONEPS No access
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    7. Online Civil Service : e-application 24 No access
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  4. Authors:
    1. Direction of Legal Reform No access
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    2. Outline No access
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    3. Framework Act on National Informatization No access
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    4. Electronic Government Act No access
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    5. Personal Information Protection Act No access
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    6. Act on the Protection of Information and Communications Infrastructure No access
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    7. Digital Signature Act No access
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  5. Future Plans No access
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3. Authors:
  1. Introduction No access
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  2. Authors:
    1. The Institutes and social context No access
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    2. Authors:
      1. determine the law's purposes No access
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      2. declare the democratic principles No access
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      3. fix the right No access
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      4. determine the sphere of action of the right No access
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      5. fix guarantees of the users' rights No access
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      6. reconsider the legislation No access
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      7. create additional resources of protection of the right No access
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      8. establish the state infrastructure No access
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      9. apply the principles of relevance and reliability No access
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  1. Key parameters of the constitutional model of the economic regulation. No access
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  2. Effect and transformation of the constitutional model of the economic system. No access
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  3. Directions and forms of the extension of the government influence on the economic relations. No access
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  4. Authors:
    1. the Russian legal and economic literature the status and the role of state corporations have been assessed with a mixed result but with the negative marks prevailing: No access
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2. Authors:
  1. The Situation No access
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  2. Legal Principles Shaping Transnational Corporate Law No access
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  3. Operational or Structural Change? No access
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  4. Modes of Governance of Corporate Social Responsibility No access
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  5. Authors:
    1. Literature No access
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3. Authors:
  1. Introduction No access
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  2. Authors:
    1. Complexity and necessary confidence in the legal frame No access
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    2. Changes in economics and necessity of legal adaptations No access
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    3. Influence of new technologies and reconstruction of legal systems No access
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  3. Authors:
    1. Legal certainty and confidence of actors facing legislative reforms No access
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    2. The principle of transparency as a condition to compliance with legislative reforms. No access
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    3. The principle of fairness and the legislative process No access
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    1. A solution revisited at times: regulatory impact assessment No access
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    2. Consultation of the public as a condition to compliance with reforms No access
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    3. Digital device and access to law in the making No access
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1. 1. Authors:
    1. Introduction No access
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    2. Authors:
      1. Public sector No access
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      2. Expert community: research, publications and conferences devoted to RIA No access
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      3. Development of approaches to regulatory impact assessment at national and regional level No access
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    3. Authors:
      1. Ex-ante assessment (evaluation) No access
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      2. Ex-post evaluation (Retrospective analysis) No access
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    4. Russia is on the way towards "smart regulation"? No access
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    5. Conclusion No access
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  2. Authors:
    1. Evaluation of Legislation No access
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    2. Quality Standards of Legislation No access
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    3. Regulatory Impact Assessment (RIA) No access
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    4. Who does RIA? No access
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    5. Methods of RIA No access
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    6. And some hints for reading No access
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2. 1. Authors:
    1. Corruption as violation of rules No access
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    2. The basic elements of corruption No access
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    3. Corruption and institutional designs No access
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    4. Authors:
      1. Issues of theory of law No access
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      2. Issues of legislative drafting No access
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      3. Substantive political issues No access
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      4. Major strengths No access
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    5. A study of levels of corruption No access
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    6. Authors:
      1. Legal policy No access
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      2. Theory of legislation No access
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      3. Authors:
        Bibliography No access
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        Juridical regulations No access
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        Websites. No access
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3. 1. Authors:
    1. Legal regulation No access
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    2. The civil society attitude towards the public hearings No access
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    3. Conclusions and recommendations No access
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      1. Authors:
        Consultation in a constitutional democracy No access
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        Relevance of consultation No access
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        Consultation and planning No access
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        Awareness and rule of law No access
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    2. Authors:
      1. Hungarian regulation since 2010 No access
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      2. Authors:
        Foundations of the institutional system No access
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        Consultation mechanisms in the non-governmental sector No access
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      3. Practice of consultation mechanisms in Hungary No access
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    3. Conclusion No access
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  3. The Increasing Role of Technology in the Legislation Improvement No access Pages 325 - 328
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  4. Authors:
    1. Problems related to legislation quality assessment in the legal science of the Russian Empire of the late XIX – early ХХ. No access
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    2. Quality and effectiveness of legislation in the legal science of the late ХХ – early ХХI centuries No access
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    3. Conclusion No access
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  1. The definition of Anti-corruption monitoring No access
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  2. Authors:
    1. Anti-corruption expertise No access
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    2. Regulatory impact assessment No access
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    3. Anti-corruption monitoring tools in law enforcement No access
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Congress Conclusions No access Pages 345 - 348
List of Authors No access Pages 349 - 352