Common regulatory risks are a group of risks reflecting internal impact on the system public administration, through common legal and regulatory factors.
Such as inefficiency and inopportuneness updates to the current legislation, non-compliance by citizens individual rules of law, creating a social injustices, internal and international discrepancy legal instruments, non-conformity of norms current directions socio-economic development as well as others factors.
These risks have an impact on how the entire internal structure elements of the subject systems, and on associated risks and factors of their occurrence.
Common regulatory risks are divided into:
- the risk of non-compliance of citizens with the current legislation;
- risk of consciousness of social injustice;
- risk of inconsistency of certain legal acts;
- risk of non-conformity of law with current directions of socio-economic development;
- risk of changes in certain branches of law (tax, administrative, civil, etc.);
- the risk of untimely updating of certain rules of law;
- the risk of ineffective implementation of certain rules of law;
- risk of absence of separate rules of law;
- risk of contradiction of domestic law to international standards
- other risks related to internal regulatory factors.
Indicators of identification of this risk group are:
- the frequency of updating, both of individual branches of law and of the legislative framework as a whole;
- the number and structure of offences committed;
- the level of compliance of the domestic framework with international standards;
- number of found contradictions and problematic aspects;
- indicators of the effectiveness of the implementation of individual normative documents (plans, programmes, doctrines, development strategies);
- the level and structure of unilateral documents;
- many other indicators for assessing the legal framework.
Ways to evaluate common regulatory risks:
- identification of problems of development, modification and updating of the current system of legislation;
- assessing the effectiveness of the implementation of adopted plans, programmes, doctrines, development strategies;
- monitoring compliance and determining the causes of offences;
- monitoring of internal consistency of documents;
- analysis of the level of social injustice;
- comparative analysis of the legal framework with international standards;
- identification of sectoral "gaps" in the current system;
- other modern tools for assessing and monitoring the current regulatory framework.
Methods of managing common regulatory risks:
- to assess the socio-economic needs of society and the business community before adopting certain rules of law;
- integration of promising international experience;
- prevention activities;
- increased accountability for non-compliance.