Implementation of the “regulatory guillotine” and development of the administrative law

¹ RUDN University, Institute of Law, Department of Administrative and Financial Law, Moscow, Russia
² University of Campania Luigi Vanvitelli, Italy

¹ Corresponding author: shtatina_ma@pfur.ru

Abstract

The purpose of this study is to analyse the functioning of the “regulatory guillotine” in the context of the development of administrative law. The authors used qualitative methods to identify the features of the “regulatory guillotine” and determine its place among the institutions of administrative law. Quantitative methods were applied to define the scope and consequences of administrative reforms. The use of the legal comparative method made it possible to describe the peculiarities of the “regulatory guillotine” in Russia. The research results were conclusions from the analysis of legislation and the practice of implementing administrative and legal reforms that show the technological nature of the “regulatory guillotine”. In terms of organisation and implementation, the authors attributed the “regulatory guillotine” to administrative reforms, but in terms of content, the “regulatory guillotine” goes beyond even legal reform, as it involves assessing regulatory instruments from the point of view of not only legality but also economic efficiency and social feasibility. The novelty of this research should be considered the conclusion that the “regulatory guillotine” technologies can contribute to the improvement of administrative and legal regulation in Russia, provided they are thoroughly and purposefully applied in conjunction with the updated institutions of administrative procedures, administrative responsibility, licensing, expert and evaluation activities.