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The report on a theme «Simplification of administrative procedures concerning legal bodies and individual entrepreneurs - a sight from business community» with which first vice-chairman PA «the Minsk capital association of entrepreneurs and employers», Victor Margelov has acted on May, 22nd on a seminar-training within the framework of the project of the international technical aid «Perfection of administrative procedures in Belarus», read here.

 

Good afternoon, dear participants of the seminar!

 

     In the beginning of the performance I wish to thank its organizers for extremely necessary action which passes today and for the given right to express the opinion on questions discussed today.

 

     Businessmen of the country with hope and interest look at processes of simplification of administrative procedures. I think, on a question "why" - the answer is known. Today conditions for the business are still the hardest. Rational young men prefer work in state structures than to open own business. Today to regulate and supervise is more profitable, than to create the blessings by the hands.

 

     Any informed person knows: the share of small and mediym business which in the developed countries is the engine of economy, in our country is small and thus almost does not show tendencies to growth.

 

     There is a number of explanations for it. Have a look, what ratings expose to our country the international recognised organisations.

 

      To advance stirs a great ammount of problems. The cores 113 are presented in the National agenda of business of Belarus - 2008. Many of you have received a copy at an entrance.

 

     We know, that it understands also the Top (State) management. It is impossible to tell about existing problems better. If to generalise, there are two basic problems: taxes and excessive state regulation of economic activities. We support stage-by-stage, but radical reduction of tax loading to 30 % in gross national product. Without reduction of expenses on a state administration, ordering of its activity, we cannot master neither the first, nor the second problem.

 

      The decision of these two problems is not government point of honour any more, and the question of preservation of competitiveness and the country sovereignty.

 

      Cancellation of excessive, inefficient, duplicating state regulation will create conditions for acceleration of economic growth.

 

     In our opinion simplification of administrative procedures can become the beginning of the big work on carrying out of high-grade administrative reform in the country.

 

    Allow to offer immodestly, how, in our opinion, should lead the Government in solving such a major problem:

 

  At the first stage I would suggest to estimate critically existing structure of the government, its conformity to the modern models applied in the countries, the reached economic successes.

 

     Today, the most attractive, in our opinion, the control system, working in accordance with the functional sign. In the country one state body should carry out one function only. In our country it is not a rarity, when similar affairs are lead by some ministries or on the contrary – none . For example, think that there is to subjects of managing such superiority or on the contrary, at a leisure analyse functions of the Ministry of the industry. Don’t they replace their work of other Ministries in relations with subordinates to it the enterprises?

 

 Further it would be necessary to divide structures of the state bodies forming rules in the country and bodies, providing the control and maintenance of its completeness. It is necessary to do for the purpose of elimination of stimulus to formation of self-sufficient state structures who to the detriment of nation-wide form rules under the group interests providing with it steady receipt of money, for a post, influence and so on, for, in general, not the necessary activity.

 

     It is extremely important to understand not only, what body carries out its function in the country, but also whether it is necessary at the given stage and where its limits of regulation.

 

     For the purpose of decrease in administrative pressure and reduction of quantity of administrative restrictions for subjects of managing it is expedient to carry out division control (research, examination etc.) and supervising (checks, penalties, licensing etc.) functions. The above-stated actions are important also for understanding, who is the owner of the process, what are the requirements to the body which is carrying out an administrative procedure. Certainly, without wide attraction of the public, various experts it is impossible to do qualitatively such work.

 

     In the world it is a lot of positive examples, but I would recommend to give special attention to experience of the administrative reform spent in the Russian Federation. At available some lacks it is necessary to notice, that they spend reform is system, thoroughly, that is why much can be adopted from their experience, including a glossary:

 

 

Think, after all the word "procedure" in Russian always meant "sequence" of something.

 

Proceeding from their experience, I would suggest to apply widely also by working out and application of administrative procedures to introduce systems of an estimation of results of their realisation, standards of the state services (administrative procedures in our case).

 

     It would be extremely important to generate (as in the Russian Federation) the register of mass socially significant administrative procedures to make their rating on degree of a dissatisfaction with them people and having concentrated on a narrow circle of the most burning problem, I use modern techniques (by experience of the Russian Federation), deeply having studied a problem to achieve realisation of these procedures in forms, in terms and under the prices which will satisfy the majority of people. 

 

     Two are from this list are ready to offer, in our opinion, the most burning problems:

 

1. Certification of services;

 

2. Registration of the prices and tariffs.

 

     Key question - standard legal certificates in which priority directions of realisation of process of simplification of administrative procedures in particular and administrative reform in whole would be defined, are necessary for a definite purpose, methods, realisation mechanisms, indicators of achievement of the purpose. It is important to provide realisation of necessary actions for the various directions supporting process of reforms (the political will is necessary for fixing documentary). It is necessary to spend work on transfer, at the minimum possibility, of the state functions to the self-regulated organisations, associations, participants of the market.

 

     Such work is extremely important also from the political point of view, it raises respect for the power, simply haughty caste understanding public service as a version of business »eliminates the reasons of formation of such groups of officials which on well-aimed expression экс - the President of the Russian Federation Vladimir Putin are described as« closed, and sometimes. 

 

     What is made in our country for last one and a half year in a direction of simplification of administrative procedures concerning legal bodies? We will recollect the basic stages.

 

     At first in the beginning of year the ministries command has been given first the ministries of similarity of the unter-officer widow personally to cut itself of by voluntary presented volume list of the reduced, reduced the price and simplified procedures and small - left without changes. The ministries have not reacted.

 

     Then working group on simplification of administrative procedures under the guidance of Kobjakova A. V which is by its historical significant report № 11/18 from 12.04.07 has defined the purposes, problems and criteria of carried out procedures. Public associations of businessmen were connected, and hard work in which result have reconsidered procedures almost 40 ministries, in number of more 1200 has gone; by November all basically has ended. Thus only in September there is a Ministerial council Decision № 1102 in which the term - an administrative procedure is given and it is offered to the Ministries and departments by 01.10 to present lists of the carried out corrected administrative procedures for the statement Ministerial council. Lists have been submitted. Decisions Совмина are. There is two past decision state registration облисполкомов Minsk and Mogilyov. Enormous work is, and users of procedures say, that has changed nothing. That else is not present? It appears, much:

 

1. Purposes. There is standard legal certificate, where no definite purpose, a problem, indicators of achievement of the purpose of simplification of administrative procedures. Without it much in general it is not clear, that as, and for what purpose we do.

 

2. There is no uniform register of lists of the resolved administrative procedures, in one standard document realisation of the procedures which have been not brought in this list is not written, that, it is forbidden. Sanctions for infringement of this order are not provided Anywhere.

 

3. There is no mechanism of commissioning of new administrative procedures. Accordingly the ministries enter them, with anybody not co-ordinating. For example, Ministry of Trade the Decision № 70 from 14.12.2007 has actually installed 2 new administrative procedures obviously mismatching criteria of the report from 12.04.2007, in the confirmed lists they are not present. Well also what?

 

4. Many standard legal certificates are not brought into accord with the parametres of the procedures defined in confirmed lists.

 

5. Many procedures are confirmed by Decisions Совмина without the conclusions of analytical groups, as a rule, are left without changes. A question - what for wasted time on sessions? Who can give out an explanation to members of these analytical groups - why?

 

6. Many procedures after discussion were simply dissolved in air. For example, the most part procedures of Ministry of Health.

 

7. Practically on one procedure it was not possible to receive detailed substantiation of terms of its performance, based on real expenditures of labour and, accordingly, its real cost. If on terms all time there was at sessions a primitive auction with the ministries the question of the prices - never seriously was considered. An explanation one - all prices start with the specifications confirmed by the ministries. In the Ministry of Emergency Measures - the first line of such specifications - statement reception - to 0,5 man-days - 4 hours). Comments are not appropriate here. Concept «the administrative procedure standard» while in the country has not got accustomed.

 

8. In the course of detailed consideration of many procedures the considerable quantity self-supporting state and not only - exclusive participants of the state administrative procedures is revealed. We consider, it as in a known joke, delivery of a sign of 10 km/h in free using to the GAI officer on birthday of the son. Are assured: the Self-supporting participant can participate in service of administrative procedures only on a competitive basis, at creation of real conditions for a competition, differently money should arrive only in the budget. It cannot be one. Otherwise will be as at Minsk Chamber of Commerce branch which more than 90 % of the administrative procedures render to subjects of managing under the tariff "urgent" in 4 times more expensively. Year of intense general work has passed, but sill now there is no mechanism of work of analytical groups, the rights and duties of their participants is not registered anywhere.

For this reason the worst, I consider, has begun in this spring when offers from state bodies on change already confirmed Совмином administrative procedures have gone. Considerations have begun, and became obvious, that constructive dialogue on equal in some analytical groups already is not present. There are people-representatives of the ministries who do not have necessity to prove the position, to tell “no” and their voice will be enough as the word of the count in feudal France outweighs words of tens experts, who in details stated the position.

 

     So has occurred at last session of analytical group by consideration of procedures of the Ministry of Education, and then the Ministries of Labour and Social Protection.

 

9. Because rules of definition of the owner of the administrative procedure have not been generated, many ministries have rather skilfully played in hide-and-seek, having hidden the interests under other departments; for example, many departments hide procedures under State Standard which makes a helpless gesture and speaks: I only execute the ministry decision, the standard we are ready to establish any which we will agree. Cancel procedure I can not. And the ministry speaks: yes same our procedure - State Standard, what questions to us? It is, for example, about certification of building and other services. Till now rules of definition of owners of procedures in case of realisation by their other bodies are not accepted. For example, Ministry of Trade on the basis of the Decision № 70 since February, 1st enters 2 new administrative procedures. Their executor appoints trading departments paradise - and the Executive Committees of the City Soviet of People's Deputies, having, as is known the double subordination and thus asserts, that it is procedures of corresponding district executive committees. Anybody, probably did not oblige them to report. And to us on a secret Ministry of Trade has informed the following:

 

 And the rule could be idle time: who the author of the initial (basic) standard legal certificate, that and the owner of procedure and only in case of participation of several departments in administrative procedure realisation its basic executor can be certain by its owner.

 

10. We consider, that real consideration of the procedures which are carried out облисполкомами yet was not. Though the beginning was encouraging. At first two sessions of analytical groups have dug out the whole mountain of unnecessary, duplicating procedures, however then all has been forgotten. Have accepted, as have declared executive committees, practically without changes. As a result in Minsk 135 procedures, in Mogilov - 40. Who from them is rights?

 

 

 

         Analyzing done, listening to responses of addressees of procedures, you come to one optimistic conclusion: and individual businessmen it is possible to name that is made in business of simplification of administrative procedures carried out for legal bodies good rehearsal of the present administrative reform which, at last, needs to be begun in the country.

 

       Or pessimistic: to name the above-stated work as activity imitation because its result practically zero (by estimations of addressees of procedures), process of excessive state regulation on economy by means of administrative procedures not only is not stopped, but also successfully amplifies. In what then the purpose and result of the spent work? For what  did we strugle?

 

       To steam of words about an offered bill about administrative procedures.

 

             Unfortunately, in my opinion, it is better to use the word - imitation approaches.

 

     In detail enough opening insignificant actions of participants of process, developers have passed the whole heap of things without which it has ceased to be the law. As a result it almost new process in regulation does not bring anything:

 

    In it there are either no purposes, or problems, methods.

 

    The term "administrative procedure" written to item 1.1 there and then contradicts item 2.1.

 

     In the law extremely superficial requirements to the maintenance and quality of administrative procedures are defined. The concept «the standard of administrative procedures» is absent.

 

     Control mechanisms over realisation of administrative procedures, except one - self-checking of officials-executors are not registered. And where public control? And where analytics at the state level?

 

     Sanctions for law infringement are not defined.

 

     There are no indicators of achievement of the purposes.

 

     There is no explanation who and as defines - administrative is procedure or not.

 

       In the law there is no concept of type «the closed register of administrative procedures», resolved to application by state bodies ».

 

       The law does not give accurate differentiation of jurisdiction of procedure therefore chances, when to improve procedure or find true owners of process can to be very inconvenient.

 

      It is very free the law exposes requirements to terms of procedures: item 12 item 1 «no more than 15 days if other is not established by acts.» What for such to write in general?

 

      Refusal questions are superficially registered in acceptance of the statement, an order of the appeal of the administrative decision, others.

 

      We consider before formation of the concept of reform of simplification of administrative procedures in which process parametres will be accurately stated, an adoption of law about bases of administrative procedures premature.

 

       It would be desirable to assure of the conclusion present, that the business community is ready to take part in any work of the government directed on de-bureaucratization , restriction of excessive intervention of the state in an economic activities, development of system of the self-adjustable organisations in the field of economy, decrease in tax loading, improvement of quality of the state services, decrease in costs of the business arising in connection with state regulation and many other things to directions. Very much it would not be desirable, that about our teamwork joked with words of Khruschev: «Reforms go, but they are just imperceptible ». We are for productive reforms.