Who did not have time, he agreed – Newspaper Kommersant No. 51 (7496) dated 03/27/2023
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The White House has begun a new stage of getting rid of the regulatory array from the accumulation of “hanging” and irrelevant documents. As Kommersant learned, in recent months the government has conducted an unscheduled inventory of its bills, abandoning 22 legislative initiatives submitted to the State Duma, but no longer relevant. At the same time, in order to reduce the time for preparing by-laws already being developed for the application of the legislation, an experiment begins on their “automatic” coordination if the departments do not submit their position on time, as a standard, ten days. The new experimental procedure will begin to operate as early as April 1 – in six months the question of the possibility of applying such a regime on an ongoing basis will be decided. This can greatly reduce the ability of departments to delay the implementation of decisions taken by administrative tricks.
As it became known to Kommersant, the government unscheduledly withdrew 22 bills submitted to the State Duma due to the loss of their relevance. According to the plan, an inventory of bills is carried out twice a year – in the spring and autumn sessions, for example, in the fall of 2022, 18 outdated bills were withdrawn according to the same procedure. However, within the framework of the January meeting of the State Duma leadership with the state secretaries of ministries (they, we recall, coordinate the legislative work of the government), the deputies proposed to speed up the “unloading” of the legislative portfolio – the idea was supported by the head of the White House staff, Deputy Prime Minister Dmitry Grigorenko.
As a result of the inventory in February, 14 projects were identified, on the adoption of which the White House no longer insists, in March – eight more, Kommersant was confirmed in the official’s office. The list of those withdrawn includes, for example, an initiative to create a Russian analogue of Google Play and the AppStore – the issue was resolved by amendments to the law on personal data – as well as a project to simplify obtaining a Russian residence permit in exchange for investments (implemented by amendments to another law on the legal status of foreigners) . Projects on digital control of international transit of goods across the Russian Federation (the content was implemented by an act of the EAEU), amendments to the law on concessions describing PPP in the field of artificial intelligence (recognized as redundant), etc., were withdrawn from consideration.
At the same time, the White House is also launching the next stage of accelerating work on by-laws – transferring their intragovernmental discussion to the “auto-negotiation” mode: if the ten-day deadline for consideration of a normative legal act (NLA) by the developer’s colleagues in other ministries and departments is violated, the draft will be considered approved (now, if the standard letter “approved without comment” was not received from the ministry in the lists of approvals, it is considered that the department did not approve the project – and it needs additional approval measures) and is sent to the government apparatus for further actions in this status.
From April 1, 2023, the mechanism will operate in an experimental mode (and so far it will not affect the legal acts on international cooperation, transport, energy and military security). If the authority nevertheless submits disagreements late, the issue will be resolved according to a separate procedure, depending on the conceptuality of the remark, which, apparently, will allow refusing to consider formal objections, while taking into account reports of substantive obstacles to the adoption of the NLA. Based on the results of the experiment (it will last until September 30), the government will decide on the introduction of “auto-negotiation” on an ongoing basis.
It should be noted that the auto-negotiation mechanism can, among other things, remove from the departments that are on the approval list, often for purely formal reasons, part of the excess load, relieving them of the need to “unsubscribe” on non-principled issues. On the other hand, the possibility of not saying yes or no, delaying the coordination of implementation, including politically motivated and opportunistic decisions, with which the relevant departments do not agree conceptually, has so far been an important tool for formalizing their position. The question of how its abolition will affect the quality of the state policy implemented by departments, apparently, will also be considered after the experiment is over, but hardly publicly.
However, the digitalization and analytics of the work of officials in recent years have really allowed the government apparatus to significantly speed up the workflow and rule-making and clear out the accumulated array of documents, the preparation of which was required by the instructions of the president and the government, but work on which, due to departmental contradictions, has reached a dead end. Thus, earlier the White House has already reduced the period for interdepartmental approval of draft legal acts from 30 to 12 days and limited the period for signing protocols of disagreements to five working days, which made it possible to reduce the “debts” for the adoption of 150 lagging legal acts to zero in 2022, the number of violations of the deadlines for the adoption of acts has decreased tripled, the share of “latecomers” – from 47% to 17%, and the average delay period – up to four days (against 12 in 2022). This is the result, in particular, of the work of two information systems – the IS for monitoring the implementation of key government tasks and the system for dealing with the risks of non-fulfillment of plans for the preparation and adoption of legal acts – a special working group works with the second in the White House apparatus to monitor such risks on a weekly basis.
At higher levels, the government apparatus, using comparable methods, is developing the optimization of management of more strategic tasks, including state programs, national projects and the achievement of national goals (see Kommersant of December 5, 2022): it is logical to assume that the deployment of new modules and subsystems of the GAS ” Management”, on which this work is based, will lead to the transfer of the practice of “automated” search and elimination of bottlenecks in the bureaucratic circulation and in them.
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