The rule of cancellation of a proportionate requirement as a means of «smart regulation»

Abstract

The article discusses the legislative framework and experience of applying the rule of cancellation of a proportionate requirement in Russia and some foreign countries. To date, this means of deregulation has not received its final form and unambiguous assessment: positive reviews in recent years have been replaced by negative ones, the search for optimal options has begun. The author attempts to analyze the experience of fixing and implementing the rule of repeal of a proportionate requirement in Russia and the world in order to assess its prospects and search for the most effective variations, including in the context of the impact on the stability of legislation.