A Model for a Regulatory Impact Analysis System in Tajikistan

Regulatory Impact Assessment (RIA) represents a critical process in modern governance, aimed at evaluating the potential impacts of regulations before they are enacted. This discussion explores RIA’s role, theoretical underpinnings, practical challenges, and its international dimensions.

2022

One of the most important conditions for increasing the efficiency of public administration, realizing the principles of governance and most importantly creating a modern state that can compete on a global scale depends on the inclusive and high quality of the legislation. The way the legislation is created in the country is the most important factor affecting this quality. In addition to the formation of legislation and public policies by the legislature in the country, the inclusion of technical and expert opinions in making decisions in this process ensures that the decisions taken are better. Regulatory impact analysis is a policy decision support system that is very effective and helps to achieve good results in the process of creating public policies. Regulatory impact analysis, in its most general terms, is the analysis of the possible effects of the public policies that are aimed to be formed in relation to a certain subject, by determining in advance. Within the scope of this analysis, it is suggested that the most beneficial and least costly policy should be applied by determining the costs and benefits of various policies, which are generally created in relation to a subject, separately. Therefore, before the implementation of a certain public policy, it should be analyzed in terms of its possible future effects. It collects comprehensive and systematic information about the proposed policies and acts as an advisor to the decision makers. The practice of regulatory impact analysis can be traced back to the 1990s in OECD countries. However, it is seen that this analysis has not yet received sufficient value and has not found an application area in Turkey. On the other hand, regulatory impact analyzes improve policy-making processes, enabling both the spread of governance and the development of democratic values. Turkey has highlighted the implementation of regulatory impact analysis with a series of legislative harmonization programs within the scope of the EU harmonization process. However, it has been very limited in practice. Within the scope of this study, it is emphasized what regulatory impact analysis is, how its processes and methods work, and why it is necessary to apply this method. Therefore, regulatory impact analysis What?, How?, Why? evaluated on the basis of questions. It is also evaluated how this analysis has effects on public administration and what kind of relations it has with the governance approach. As a matter of fact, it is seen that the regulatory impact analysis is very useful in the process of creating public policies and contributes to the effective-efficient use of the country's resources. Moreover, in the background of this analysis, the emphasis on the phenomenon of governance in relation to state administration has emerged. It is recommended that this analysis be made in all kinds of policies that need to be put forward in the implementation of governance and the implementation of good governance principles. Keywords: Regulatory Impact Analysis, Governance, Public Administration, Public Policy

Public Money and Management, 2004

Regulatory impact assessment (RIA) involves a systematic appraisal of the costs and benefits associated with a proposed new regulation and evaluation of the performance of existing regulations. So far, most research has been concerned with the adoption of RIA in OECD countries. The purpose of this paper is to assess the contribution that RIA can make to "better regulation" in developing and transition economies. The results reported in this paper from a survey of RIA use in a sample of developing and transition countries suggest that a growing number of low and middle-income countries are beginning to apply some form of regulatory assessment, but that the methods adopted are partial in their application and are not systematically applied across government. The paper discusses the implications of the findings for capacity building and future research.

Manchester, UK: Centre on …, 2003

Regulatory impact assessment (RIA) has been adopted in most OECD countries to improve ... This paper assesses the nature and scope of RIA and the challenges that will be faced in ... There has been a shift since the 1970s from the positive or interventionist state towards the

It has long been acknowledged that to promote better or „smart“ policies, evidence based policy making or more knowledge and information should be brought to decision makers. Regulatory impact assessment (RIA) is seen as a tool to increase evidence based policy making and as such it should be integrated into decision-making procedures on a wide range of issues. But this technical-instrumental model of problem-solving has many times only little to do with every-day policy making. Within a comparative framework, this article analysis the formal RIA procedures in nine CEE countries and suggests four models of RIA institutionalization – that is technical-instrumental, strategic, symbolic and non-use. The research shows that while the RIA has been strengthened in recent years and some of the countries have made effort to reform their policy processes to fully implement RIA, some of the procedures have been poorly implemented, and RIA still plays a small (if any) role in decision making. Thus, this article suggests how comparative empirical research can be usefully organized, by enriching the literature on knowledge utilization and RIA.

Procedia - Social and Behavioral Sciences, 2014

Regulation Impact Assessment (RIA) is a subject of discipline that is called the Law and Economics. This discipline anticipates the impact of regulations on the state economy and gives suggestions in this regard to legislature. Regulation Impact Assessment (RIA) at Poland is a separate part of the factual and legal justification of an act. It describes the economic impact of a bill. The author describes the process of creating RIA at Poland and compares this procedure with the procedures being in force in the selected EU countries.

Procedia - Social and Behavioral Sciences Volume 109, Pages 45–50, 2014

Regulation Impact Assessment (RIA) is a subject of discipline that is called the Law and Economics. This discipline anticipates the impact of regulations on the state economy and gives suggestions in this regard to legislature. Regulation Impact Assessment (RIA) at Poland is a separate part of the factual and legal justification of an act. It describes the economic impact of a bill. The author describes the process of creating RIA at Poland and compares this procedure with the procedures being in force in the selected EU countries.

Public Money & Management, 2015

This article sets out the challenges facing the practice of Regulatory Impact Assessment (RIA) in developing countries and then goes on to propose a set of guiding principles with which to attempt to overcome these. The discussion is based on the findings of a practitioner workshop on 'The Challenges and Opportunities of Regulatory Impact Assessment in Developing Countries' held on 7-8 April 2014 at the

Encyclopedia of Law and Economics

If regulation is often perceived as a tool to increase welfare, it is not infrequent that it leads to unintended consequences; examples are numerous. Regulatory impact assessment is a document, in theory, written before a contemplated regulation is adopted, assessing the probable consequences of the regulation for the economy. The type of consequences considered is often determined by the document creating the obligation to engage in regulatory impact assessment. The purpose of regulatory impact assessment is precisely to help political decision-makers to identify whether and how to regulate while also defining a conception of the public interest that could then be debated.

Impact Assessment and Project Appraisal, 25(4), 271-280., 2007

Regulatory Impact Assessment (RIA) is a relatively new tool that has been introduced into the legislative system of the CEE countries, namely Czech Republic, Slovakia and Slovenia. In order to streamline its implementation all three countries have decided to conduct a pilot RIA in a very similar area – administrative burden on enterprises. Although the circumstances and rationale for preparing a pilot RIA differ from country to country, all three countries struggle with inadequate political support, institutional arrangements, and lack of clear methodologies. The paper aims to compare the formal arrangements that have introduced RIA into their national systems and experience with piloting RIA. It argues that the piloting of RIA was kidnapped by the agenda of administrative burden and business oriented RIA which served the substantive discussion rather than to the potential peadagogical or demonstrative effects that the pilot could have brought.

Regulation & Governance, 2011

Regulatory Impact Assessments (RIAs) are being diffused progressively throughout the world following the recommendations of international organizations. Research has shown that the diffusion of RIA has not produced convergence in actual practices, particularly in developing countries, due to political forces at work in domestic contexts or the available organizational capacities. The Organisation for Economic Co-operation and Development (OECD) has recently recommended that the Brazilian federal government adopt RIA. This article evaluates how contextual variables, specifically political and organizational ones, influence RIA adoption in Brazil. It is based on field research consisting of semi-structured interviews with the main stakeholders of the Brazilian regulatory framework. The research explored RIA concept familiarity among stakeholders, the bureaucratic context, the policy process, pivotal stakeholders' standpoints in adopting RIA, and available organizational capacities. Contrary to previous studies in developing countries, the research reveals that strong organizational capacities are not a sufficient factor for successful diffusion of RIA, because political variables can influence divergence among agencies in future RIA practices.

Revista de Administração Pública, 2014

In an increasingly complex society, regulatory polices emerge as an important tool in public management. Nevertheless, regulation per se is no longer enough, and the agenda for a regulatory reform is increasing. Following this context, Brazil has implemented Regulatory Impact Analysis (RIA) in its regulatory agencies. Thus, Brazilian specificities have to be considered and, in this regard, a systematic approach provides a significant contribution. This article aims to address some critical reflections about which policy-makers should ask themselves before joining the implementation of a RIA system in the Brazilian context. Through a long-term perspective, the implementation of RIA must be seen as part of a permanent change in the administrative culture, understanding that RIA should be used as a further resource in the decision-making process, rather than a final solution.

Management and Business Administration, Central Europe, 2015

Purpose: This paper critically evaluates the development of the impact assessment instrument in Lithuania's public administration and suggests improvements to its impact assessment system. Research question: What interesting conceptual imperatives have appeared in Lithuania's investigation of the impact of regulatory policy? Methodology: This research study uses positivist methodology to analyse the problems that researchers have identified in Lithuania's impact assessment. This investigation explains why certain problems have appeared, what has changed and what system changes can be identified traced. The study proceeds as follows. First, the research on impact assessment carried out in Lithuania is analysed. Second, regulations on impact assessment in Lithuania are investigated. A substitute for non-existent integrated theory is emphased by the logical structure of the EU administrative system imperatives, principles, and norms, whose modifications have become the basis of impact assessment system design in Lithuania. The present research combines, integrates and consolidates the theoretical and practical information on impact assessment into an explanatory scheme, which could be developed into a model in the future. Information from two qualitative interviews conducted in 2009 and 2010 was also used. Conclusions: The present research reveals that Lithuania's regulatory impact assessment model is still being constructed and reconstructed towards evidence-based management. A model which revises the old impact stereotype has been designed, based on contemporary methodologies (cost-benefit and cost-effectiveness analyses), consultations with the interested parties, a small but exhaustive legal initiatives impact assessment, and a centralised and institutional coordination of impact assessment. Practical consequences: The present research presents the issues which could be useful for the states that are starting to implement a regulatory impact assessment model. This study described the pitfalls to avoid in order to implement a successful evidence-based management initiative. Originality: In the present research, regulatory impact assessment is emphased as an assessment model and normative of the EU administration effectiveness and optimality, which can be used as a good-practice example for the modernisation of administrative activities in Central and Eastern Europe to the level their European counterparts.

Purpose: The paper describes the functioning of the RIA system in New Zealand using the analogy of RIA and the evaluation of public interventions. Presented solutions can provide inspiration for the Polish government in the process of improving the quality and extent of the use of RIA. Methodology: The analysis is based on a review of government documents and literature, as well as individual interviews and correspondence with representatives of the government of NZ. Conclusions: The RIA system in NZ is not error-free and its shortcomings include inter alia the lack of solutions with respect to ex-post analysis and insufficiently rigorous methodological approach. At the same time, a number of solutions can be regarded as good practice, e.g.: regular external quality reviews of RIS, obligation to supplement each RIS with ‘quality assessment’ and a ‘disclosure statement’ outlining their credibility and utility. Practical implications: The presented strengths of the RIA system in NZ may serve as an inspira- tion for modifying the RIA system in Poland. Originality: The RIA system is presented through the prism of the model of evaluation use, which is a related tool of collecting information about non-regulatory interventions. Keywords: regulatory impact assessment, regulatory impact analysis, use of evaluation, New Zealand