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Main Projects of the NPA for assessment of the regulating influence The summary report on evaluating the regulating influence of the draft of the regulatory legal act of the Rostov region

The summary report on evaluating the regulating influence of the draft of the regulatory legal act of the Rostov region

Start date of discussion: Oct. 14, 2020
Expiration date of discussion: Oct. 29, 2020

Draft resolution of the Government of the Rostov region "About the statement of the Order of the organization of fairs in the territory of Rostov and sales of goods (performance of work, rendering services) on them" 

 

1. Extent of the regulating influence of the draft of the regulatory legal act. 

The project of the NPA contains the provisions changing the duties and the bans which are earlier provided by regulations of the Rostov region for natural and legal entities in the sphere of business or investment activities or promoting their establishment and also the provisions leading to increase in the expenses of natural and legal entities which are earlier provided by the legislation of the Rostov region in the sphere of business and investment activities. In this regard extent of the regulating influence of the project is average.

2. The description of a problem to which solution the offered way of regulation, assessment of the negative effects arising in connection with existence of the considered problem is directed. 

Development of the draft of the regulatory legal act is caused by need of increase in requirements to the organization of fairs and sale of goods (performance of work, rendering services) on them and also introduction of new provisions, taking into account modern conditions and trends of development of fair trade. Today not all fairgrounds conform to the established requirements determined by the legislation of the Russian Federation on consumer protection, the legislation of the Russian Federation in the field of ensuring sanitary and epidemiologic wellbeing of the population, the legislation of the Russian Federation on fire safety, the legislation in the field of environmental protection, and another established by federal laws to requirements. For improvement of quality of the organized exhibition actions the project offers to regulate activity of the Commission on coordination of lists of places of the organization of fairs in borders of territories of municipal units of the Rostov region which work will promote compliance of fairgrounds to the above-stated requirements. Also, according to data of local governments of the Rostov region, there is a need of increase in the period of work of seasonal agricultural fairs from 90 to 120 days and the seasonal agricultural fairs located along highways, from April 1 to December 1 (today - from April 1 to November 15). Proceeding from the current situation in exhibition activity, acceptance of the additional measures directed to increase in efficiency of fair trade, appeal to participants of exhibition actions, strengthenings of requirements to platforms and trade places is necessary. The bill offers to enter the concept "operator of a fair". Besides, it is offered to approve the requirements to the organization of fairs which earlier have advisory nature.

3. The purpose of the offered regulation. 

Main objective of the bill is formation of uniform approach to holding fairs in the territory of the Rostov region by establishment of the general rules, requirements to arrangement of the platform of a fair, placement and equipment of places for sale of goods (performance of work, rendering services) at a fair and also improvement of quality of holding fairs and expansion of sales channels of products of local agricultural producers.

 4. The description of the offered regulation and different possible ways of a solution. 

The bill offers to introduce the provisions promoting increase in efficiency of fair trade, providing citizens with quality products of local agricultural producers, creation of conditions for civilized fair trade. A main objective of introduction of the specified provisions is: providing the population of the Rostov region with socially important food at the affordable prices; support of local agricultural producers in selling of own products; formation of positive public opinion and assessment of the enterprises of the consumer market.

5. The main groups of subjects of business and investment activities, other interested persons, including public authorities of the Rostov region and local governments and also other persons which interests will be infringed by the offered legal regulation, assessment of amount of such subjects. 

Alleged regulation will be extended to organizers of fairs as whom executive authorities of the Rostov region can act, local governments of the municipal unit of the Rostov region, legal entities, individual entrepreneurs, including the agricultural cooperatives, heads of peasant farm, and participants of a fair (registered in the order established by the legislation of the Russian Federation the legal entity, the individual entrepreneur and also the citizen (including the citizen conducting peasant farm, personal subsidiary farm or who is engaged in gardening, truck farming, livestock production) to which the trade place at a fair is provided).

6. New functions, powers, duties and rights of public authorities of the Rostov region and local governments or data on their change and also order of their realization. 

The draft resolution provides a possibility of the conclusion by the executive authorities of the Rostov region, local governments of the Rostov region which are organizers of fairs, contracts for the organization of a fair following the results of the held competition on definition of the operator of a fair. Also it is offered to regulate activity of the Commission on coordination of fairs in the territory of the Rostov region which members can be representatives of the executive authorities of the Rostov region interested the organizations and institutions of the Rostov region, public organizations.

7. Assessment of the corresponding expenses (possible receipts) of the regional budget. 

Expenses from the regional budget are not provided.

8. New duties for subjects of business and investment activities or change of maintenance of the existing duties and also an order of the organization of their execution.

Introduction of new duties for subjects of business and investment activities or change of maintenance of the existing duties and also an order of the organization of their execution, is not provided.

9. Assessment of expenses of the subjects of business and investment activities connected with need of observance of the established duties or with change of maintenance of such duties. 

It is not possible to carry out the assessment of expenses of subjects of business and investment activities.

10. Risk of a solution in the offered way of regulation and risk of negative consequences. The specified risks are absent.

11. The estimated date of entry into force of the draft of the regulatory legal act, assessment of need of establishment of a transition period and (or) a delay of entry into force of the draft of the regulatory legal act or need of distribution of the offered regulation on earlier arisen relations.

The estimated date of entry into force of the draft of the regulatory legal act: January 1, 2021.

12. Description of control methods of efficiency of the chosen way of achievement of the goal of regulation. 

Implementation of monitoring of activity of fairs in the territory of the Rostov region

13. Organizational and technical, methodological, information and other actions, necessary for achievement of stated purposes of regulation. 

Holding organizational and technical, methodological, information and other actions is not required.

14. Indicative indicators, programs of monitoring and different ways (methods) of assessment of achievement of stated purposes of regulation. Are absent.

15. Data on placement of the notice, terms of submission of the offers, persons which submitted offers, and the generalized results of their consideration by the developer. 

The notice of development of the project, of terms and ways of providing offers is posted on the official site of department of the consumer market of the Rostov region (www.dprro.donland.ru) in the section "Normative legal acts" and on the official site of the Government of the Rostov region (www.donland.ru). 

The notice on placement of the project of the NPA is directed in:

- the Ministry of Economic Development of the Rostov region (for assessment of the regulating influence);

- Ministry of Agriculture and Food of the Rostov region;

- Chamber of Commerce and Industry of the Rostov region;

- to the representative for protection of the rights of businessmen in the Rostov region;

- to the president of "Commonwealth of the Markets and Fairs of the Rostov Region" association, CEO of CJSC Centralny rynok Mukovoz Yu.A.;

- municipal units of the Rostov region.

To department of the consumer market of the Rostov region the following conclusions (comments) on the project from the Representative for protection of the rights of businessmen in the Rostov region arrived:

1. In a part lack of the norm allowing the organizer of a fair to cancel holding a fair. Entering into the draft resolution of the specified norm and also the description of the procedure of cancellation of holding a fair, we consider inexpedient because: in case as the organizer of a fair the legal entity, the individual entrepreneur acts, then holding a fair will be organized on the land plot which is owned by the organizer or in rent. At the same time there are contractual relations between two economic entities: organizer of a fair and participant of a fair. Conditions of holding a fair and also its cancellation, can be reflected in the signed contract; in case the executive body of the municipal unit of the Rostov region acts as the organizer of a fair, the fair will be organized according to the legal act of the specified body. At the decision
not to hold a fair, the legal act by executive body of the municipal unit of the Rostov region it is not published. Introduction of this norm involves excess legal regulation. 

2. "Requirements to the application about the organization of a fair which contain the provisions relating to legal entities and individual entrepreneurs are About enshrined in Paragraph 2.8, but do not regulate the requirement to the application for heads of peasant farm. Besides, the specified point excludes application by the representative of the organizer of a fair. In this regard it is offered to enshrine the provision providing that if on behalf of the applicant – the organizer of a fair documents are filed by his representative, he is obliged to submit the document giving its such authority. The power of attorney can be such document, for example.". In the draft resolution there is no norm of the ban of application for the organization of a fair by the representative of the organizer of a fair. Transfer by the organizer of a fair of powers for application for the organization of a fair to the representative can be carried out on the basis of the power of attorney according to Article 185 of the Civil Code of the Russian Federation of 30.11.1994
NO. 51-FZ.

3. "For respect for the principle of openness and transparency of information Section I of the draft resolution is offered to be supplemented with the provision providing that all information on holding a competition in definition of the operator of a fair is published in mass media and Internet on the official site of the organizer of a fair (is posted online at his existence), on the website of local governments of municipal units of area. Besides, for prevention of a corruption component it is necessary to provide an order of formation and the structure of the contest committee on selection of economic entities as operators of fairs.". The remarks specified in 1 paragraph are considered and added in Section I of the draft resolution in definition of the concept "operator of a fair".

The remarks specified in paragraph 2 are not considered as the order of formation and the structure of the contest committee on selection of economic entities as operators of fairs will be developed by executive body of the municipal unit of the Rostov region.

4. Regarding addition of the description of the procedure of granting trade places by the organizer of a fair to participants of a fair.

We consider introduction of this addition not relevant as if as the organizer of a fair the legal entity, the individual entrepreneur acts, then between them there are relations of two economic entities regulated by the contract. If as the organizer of a fair the executive body of the municipal unit of the Rostov region, then trade places to participants acts are provided free of charge.

5. "In the subparagraph of "" of Paragraph 4.1. "household" to replace a word with "municipal"." 

The comment is taken into account and introduced in the draft resolution.

6. "According to the subparagraph of "" of Paragraph 3.2. About participants of a fair are obliged to have the document (reference) confirming maintaining by the citizen peasant farm, personal subsidiary farm, occupation with gardening, truck farming, livestock production – for the citizens who are carrying out the specified types of activity.

The federal law of 11.06.2003 No. 74-FZ "About Peasant Farm" does not provide and does not contain requirements for the specified reference. In this regard the head of peasant farm can write it in any form with the indication of date of issue and the place where it is required and also to specify from what date this person is a member of economy. Thus, for an uncertainty exception for the participant of a fair on implementation of the specified requirement it is offered to specify that the reference by whom is given and signs has to comprise."

The comment is taken into account. In the subparagraph of "" of Paragraph 3.2. Corresponding changes are about made.

16. Other data which according to the developer, allow to estimate validity of the offered regulation. 

Are absent.

17. Data on carrying out public consultations of the draft of the regulatory legal act. 

Information on carrying out public consultations of the draft of the regulatory legal act of the Rostov region is posted on the official site of department of the consumer market of the Rostov region (www.dprro.donland.ru) in the section "Normative legal acts" and on the official site of the Government of the Rostov region (www.donland.ru) on October 5, 2020.

18. Term of carrying out public consultations: start date of discussion on September 1, 2020. Expiration date of discussion on October 12, 2020.

19. Notices on carrying out public consultations are directed: 

- in the Ministry of Agriculture and Food of the Rostov region;

- to heads of administrations of urban districts and municipal districts of the Rostov region;

- To the representative for protection of the rights of businessmen in the Rostov region;

- to the president of "Commonwealth of the Markets and Fairs of the Rostov Region" association, CEO of CJSC Centralny rynok;

- to the president of the union "Chamber of Commerce and Industry of the Rostov region".

20. The offers which arrived during public consultations.

Are absent.

 

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Placed: On Oct. 14, 2020 08:39
Changed: On Oct. 14, 2020 09:31
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