Proposals for improving the work of the PAC and consideration of the draft methodology "Self-assessment of associations (unions) and business associations with the possibility of their subsequent rating"
The Association of European Business sent comments regarding the draft methodology "Self-assessment of associations (unions) and business associations with the possibility of their subsequent rating" to the Research Institute of the Ministry of Economy. The means and mechanisms specified in the concept and draft methodology "Self-assessment of associations (unions) and business associations with the possibility of their subsequent rating" will not allow solving the problem of revitalizing the activities of associations (unions), business associations, public advisory councils and increasing their socio-economic significance.
In order to stimulate the involvement of business associations and improve the efficiency of the work of the PAC, we propose to amend the Model Regulations on the Public Advisory (Expert) Council for the Development of Entrepreneurship, approved by the Resolution of the Council of Ministers of the Republic of Belarus dated March 20, 2012 No. 247 in part:
- improving the procedure for the formation of boards by eliminating the possibility of membership in them of representatives of single companies, thereby increasing the role of business associations;
- definition of clear criteria for inclusion and exclusion of members from the PSC, which will increase the transparency of procedures;
- creation of a mechanism for the formation of the composition of councils independent of the decision of a particular state body or official.
In terms of defining clear criteria for assigning the status of a member of the PAC and excluding the possibility of membership in them of representatives of single companies, one can refer to the experience of the Russian Federation on the regulation of the procedure for the formation of public councils under federal executive authorities.
In accordance with the Standard for the activities of the public council under the federal executive body, approved by the decision of the council of the Civic Chamber of the Russian Federation dated July 5, 2018 No. 55-C, only citizens of the Russian Federation and representatives of public associations, other non-governmental non-profit organizations with the competence in the field of implementation of the activities of federal executive authorities.
The following requirements are imposed on candidates for members of the public council from public associations, other non-governmental non-profit organizations:
- be a registered non-commercial legal entity and operate on the territory of the Russian Federation;
- have a period of activity of at least 3 years from the moment of state registration at the time of the announcement of the competition;
- not be in the process of liquidation;
- comply with the statutory goals of the core activities of federal executive authorities;
- carry out activities within the scope of authority of the federal executive authority, under which a public council is formed.
In order to increase the transparency of the procedure for expelling a member from the PAC, it is necessary to prescribe the procedure for its implementation, in particular, providing for a mandatory written notification of the organization on the grounds for its exclusion from the council, with a deadline for appealing this decision to the department under which the council was created and the Ministry of Economy of the Republic Belarus, as the supervising body of the PAC system.
In this regard, it is necessary to supplement the Model Regulations on the Public Advisory (Expert) Council for the Development of Entrepreneurship with paragraphs 17(1) and 17(2) as follows:
"17(1). If a decision is made to expel a member from the council, a written notification is sent to him, without fail containing information on the basis for the decision to expel, indicating the specific facts of the actions provided for in paragraph 17 of this provision.
17(2). A business entity, an association (union) has the right to appeal against the decision to expel from the council no later than 10 calendar days from the date of receipt of the notification specified in paragraph 17(1) to the state body (organization) under which the council or the Ministry of Economy of the Republic of Belarus was created.