Results of the 2011 comprehensive monitoring of the practice of applying the Federal Law “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control” dated 26.1

Abstract

To analyze and evaluate the dynamics of implementing the Federal law of 26.12.2008, FL-294 the Centre for strategic studies in collaboration with the Centre for economic and financial consulting and the Institute for social researches conducted a comprehensive monitoring of the enforcement of FL-294 in August- November of 2011.

Main results: results of the monitoring of the enforcement of the Federal law of 26.12.2008, FL-№294 confirm a positive dynamics in the bodies of state control (supervision) complying with FL-294 in 2009-2011. In 2011 positive trends were confirmed for the first time both by the analysis of statistical data and departmental information, and by the results of the survey of economic subjects. These positive trends cause the assessment growth of the degree of the execution of the requirements (decisions, actions, prohibitions stipulated by the law of 26.12.2008, FL-№294) as well as some growth of the estimation of the Act implementation final results (from 46.9 points in 2010 to 50.4 points in 2011). At the same time, the analysis of the administrative law enforcement practices of FL-294 shows that there are still some problems with the implementation of the Federal law related both to the limited scope of its application   (provisions of FL-294 directly regulate the performance of only 26% of the Federal enforcement functions of control and survey), and to FL-294 requirements ratio and administrative investigations. Generally, risks of failure to achieve a full socio-economic effect from the implementation of FL-294 are estimated to be significant, according to the monitoring results.