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Legal Analysis and Drafting

BRC offers a vast range of consulting services related to analysis and elaboration of regulations (primary and secondary legislation)

  • Legal analysis and review of specific regulatory domains
  • Development of new regulations and amendments to existing regulations
  • Auditing of national regulatory framework for compliance to EU and other international regulations/norms
  • Transposition of EU and other international regulations/norms

BRC experience in legal analysis and development of regulations includes:

  • Numerous revisions of regulations and development of recommendations of improvements and amendments drafted for:
    • tax regulations 
    • trade and customs regulations 
    • construction regulations
    • technical regulations
    • sanitary, veterinary and phytosanitary regulations 
    • licensing and permits provisions from regulations 
    • and many other regulatory domains
  • Main examples of regulations drafted by BRC team includes:
    • Law No.160 of 22.07.2011 on regulating the licensing of entrepreneurial activity
    • Law No.161 of 22.07.2011 on the implementation of one-stop shop for entrepreneurial activity
    • Law no. 235 of 20.07.2006 on the implementation of the basic principles regulating entrepreneurial activity ("Guillotine 2 +")
    • Law no. 131 of 08.06.2012 on state control over business activity
    • Law no. 163 of 09.07.2010 authorizing the execution of construction
    • Government Decision no. 1021 on approval of the Regulatory Reform Strategy for years 2013–2020 and the Action Plan for its implementation for years 2013-2015, dated 16.12.2013
    • Draft Government Decision on approval of conditions related to placement of on the market of industrial machinery (transposes the European Parliament and Council’ Directive 2006/42/EC of May 17, 2006 on machinery and amendments operated to the Directive 95/16/EC)
    • Draft Government Decision on approval of technical regulation regarding requirements on non-automatic weighing instruments (transposes the Directive 2009/23/EC of the European Parliament and of the Council of April 23rd, 2009 on non-automatic weighing instruments)
    • Draft Government Decision on approval of regulation on laying down rules on nominal quantities for pre-packed products (transposes the Directive 2007/45/EC of the European Parliament and of the Council of September 5, 2007 laying down rules on nominal quantities for pre-packed products, repealing Council Directives 75/106/EEC and 80/232/EEC, and amending Council Directive 76/211/EEC)
    • Draft Government Decision on approval of requirements to bottles used as measuring containers (transposes the European Council’ Directive 75/107/EEC of  December 19, 1974 on the approximation of the laws of the Member States relating to bottles used as measuring containers)
    • Draft Government Decision on approval of units of measurement (Directive 2009/3/EC of the European Parliament and of the Council of  March 11, 2009 amending Council Directive 80/181/EEC on the approximation of the laws of the Member States relating to units of measurement)
    • Draft Law on amending certain legal acts (transposes the European Parliament and Council Directive 2009/34/EC of April 23, 2009 relating to common provisions for both measuring instruments and methods of metrological control and provisions of several other above-mentioned directives)
    • Draft Law on amending Law on plant protection and phytosanitary quarantine no. 228 dated 23.09.2010 (transposes certain provisions from: (I) the International Standard for Phytosanitary Measures (ISPM) 7; Phytosanitary certification System (II) ISPM 8: Determination of pests status in an area; (III) ISPM 12: Phytosanitary certificates; (IV) ISPM 20: Guidelines for a phytosanitary import regulatory system; (V) ISPM 23: Guidelines for inspection)
    • Draft Government Decision on amending Government Decision no. 594 dated August 2, 2011 (transposes provisions from the International Standard for Phytosanitary Measures 15: Regulation of wood packaging material in international trade)
    • Draft National Food Safety Agency Decision on approval of structure and content of primary acts related to phytosanitary monitoring (transposes provisions from the International Standard for Phytosanitary Measures 8: Determination of pests status in an area)
    • Draft National Food Safety Agency Decision on approval of requirements related to completing phytosanitary certificate for export and re-export (transposes provisions from the International Standard for Phytosanitary Measures 12: Phytosanitary certificates)
    • Draft National Food Safety Agency Decision on approval of methodological rules related to determination of methods of phytosanitary treatments of regulated pests (transposes provisions from the International Standard for Phytosanitary Measures 28: Phytosanitary treatments for regulated pests)
    • Draft National Food Safety Agency Decision on approval of methodological indications on methods for sampling in process of examination of consignments (transposes provisions from the International Standard for Phytosanitary Measures 31: Methodologies for sampling of consignments)