as representatives of citizens of the country, from providing a policy direction to
the regulator and, in certain cases predefined in the primary legislation, resorting
to even more prescriptive modes of influencing regulatory decisions. On the
contrary, this may be important to ensure that the regulator acts as an integral
part of the system of good governance, promoting socio-economic interests
of the country. However, it is important that such guidance and influence are
subject to limits that ensure that the regulator is not subjected to day-to-day
political decision making, but only to appropriately developed and promulgated
transparent policies, defining long-term objectives of the Government.
The Government considers that independent, sufficient, sustainable and
predictable financing of a regulatory authority is an important condition of its
independence and its ability to effectively exercise its functions. In this regard,
the Government continues to support the system, under which the regulator
is funded through fees collected from market players. However, it is important
for such a system to also include regulator’s accountability for its use of funds
collected, as well as results of regulatory activities. Furthermore, the Government
believes that long-term sustainability of such a system can only be achieved, if
costs of administering the regulatory framework, particularly recurrent costs, are
kept within the means of the sector. Therefore the Government will encourage
the regulator to gradually ensure that its recurrent costs are fully funded from
reasonable fees collected locally, and reliance on external funding is gradually
eliminated. One-off costs, related to investments that would significantly enhance
the functioning of the regulatory framework and that would not be possible to
make without an external support, are not covered by this approach.
The Government also believes that independent, efficient and swift judicial
review of regulatory decisions, as the only avenue for formal review of such
decisions, is an essential part of a well-functioning regulatory framework and will,
in collaboration with the judicial system, work to support this.
A policy-making body will continue to play a leading role
in areas that are closely linked to the general social policy
of the country and may require politically-driven trade-offs
between economic efficiencies and social objectives.”
Further to the above, the Government will continue to support such bestpractice requirements for regulatory independence as transparent, impartial and
merits-based selection of a head of the regulator; and a fixed-term in office for such
a head, allowing early removal only on clear statutory predefined grounds and
authority. Transparency and clear accountability of the regulatory authority for its
work is another side of regulatory independence. However, the regulator should
be primarily accountable for results, measured as per pre-defined performance
criteria, rather than for day-to-day actions.
In addition to external safeguards, including those set out above, the
Government also acknowledges importance of internal safeguards of regulatory
independence and impartiality, preventing regulatory capture and conflicts of
interests of the regulatory staff.
In the context above, the Government continues to be committed to the
Approaches and Principles
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