Throughout the development of the world community, each state has encountered such a social negative phenomenon as corruption. Not an exception in this case is the Russian Federation, which has been fighting corruption for many years. At the present stage, a set of measures is being implemented aimed at combating and preventing bribery. These include the introduction of an anti-corruption examination mechanism, which is aimed at regulatory legal acts and their projects. How does this happen in practice? Let's see that this is an anti-corruption examination, how it is implemented and why it is needed.
Legal regulation of expertise
On the territory of the Russian Federation there are two main documents that regulate the procedure and conditions for conducting anti-corruption research. This is the Federal Law of July 17, 2009 No. 172. It laid down the basic principles, the methodology for conducting anti-corruption expertise, regulates the circle of people whose work gives rise to the right to conduct this type of research. A list of objects of examination has been compiled, that is, those documents that should be checked for the presence of corruptogenic factors. The procedure for formalizing the results of the analysis and research of documents has been formed. Also, in addition to the Federal Law, the Government issued a special Decree on February 26, 2010. The names of these documents are called “On anti-corruption expertise”.
Brief characteristics of the study
In order to understand the rules of anti-corruption examination, it is necessary to refer to the concept of the institute. E. Tretyakova under examination recognizes the activities of competent and authorized individuals or legal entities, the essence of which is to conduct a study of the legal acts and (or) draft legal acts, as well as other legal documents. The purpose of such a study is to identify corruptogenic factors in the documents, as well as giving a reasoned opinion with recommendations.
Having given a brief definition to the institute, we will move on to the basic rules and methods of conducting anti-corruption expertise, because it is very important in the current conditions of the development of society to understand the essence of this phenomenon.
The objects
First of all, it is important to determine which objects fall under anti-corruption research. Under the objects refers to the category of documents that can be investigated and analyzed for the presence of corruption-causing factors. These include:
- Drafts of various federal laws, this also includes draft Presidential Decrees, Government Decisions and other documents, the force of which applies to the whole of Russia.
- Draft strategies or concepts, during the implementation of which the existing federal laws or draft such laws are implemented.
- Normative acts issued by executive bodies. They should affect any interests of the person, establish the legal status of the organization.
- Normative acts that extend their effect on the territory of a particular subject of the Russian Federation.
This is the first component of the anti-corruption expertise. Next, we turn to the subjects, that is, those persons who have the competence to conduct the examination.
Subjects of research
As mentioned earlier, the subjects are those who have the right to conduct this type of research.The study can be conducted by both legal entities and individuals. The only condition is to obtain special permission from the Ministry of Justice. As a result, individuals acquire the status of independent experts, who, in accordance with the methodology, must conduct a full-fledged study.
Requirements for Subjects of Research
One of the most important components of the rules for conducting anti-corruption expertise are those requirements that the law puts forward for subjects. The main requirements are:
- The presence of higher education.
- Work experience preferably at least 5 years.
- Many advocate the introduction of compulsory special education, the results of which pass the qualification exam.
Those who are suitable for these few requirements can apply to the Ministry of Justice, in which applicants are selected on a competitive basis. Lists of past and accredited are posted on the official website of the Ministry of Justice of the Russian Federation and the Ministry of Justice of the constituent entities of the Russian Federation.
The essence of the technique
The methodology for conducting anti-corruption examination of the legal acts is the basis for the work of experts that were previously discussed. In order to ensure the actual validity, objectivity, as well as the verifiability of the results obtained, the examination for each norm is carried out separately. Each position is studied, as a result of which corruption-generating factors are revealed. By them, the law means a disproportionately wide margin of appreciation or a favorable ground for the unjustified application of exceptions to the rules. The second component of such factors are difficult or vague requirements that are aimed at citizens or legal entities.
First group of factors
The law regulates the methodology for conducting anti-corruption expertise, which clearly indicates those situations where it is possible to talk about the presence of corruptogenic factors. Again, the first group is the creation of too broad a margin of appreciation and an enabling environment for the unjustified application of exceptions to the rules. This group includes:
- Uncertainty or lack of deadlines for performing certain actions, repeated powers of units, structures or bodies.
- The emergence of an opportunity that allows officials to take actions according to the “right” formula when, in principle, the possibilities of the law enforcement officer are not limited.
- The possibility of introducing exceptions to the general rule at the discretion of the official.
- The presence of a large number of reference norms that make reference to other normative acts (most often, this is not one normative act). This situation also creates an enabling environment for corruption to flourish.
- Violation of the rights and obligations of the competence of officials. A normative act assigns those competencies that are generally not related to a particular body, unit.
- Refusal of competitions and auctions, which creates the basis for the activity of monopolists.
Second group of factors
The second most important component of the anti-corruption examination methodology is another block of corruptogenic factors. It means difficult to fulfill, too burdensome requirements for a person or organization. The law includes the following cases:
- Formation of excessive requirements for a person for the implementation of a particular right given to him by law.
- In the event that the body or unit is given the right of the applicant, and the rule creates conditions for abuse of this right, it must be eliminated.
- The wording is incorrect when the legal language is used ambiguously and there is no clarity in the statement of the situation.
These were the main provisions of the methodology for conducting anti-corruption examination of normative acts. To fully understand the issue, you need to determine the order of the study.
Examination Mechanism
First of all, it is necessary to develop a draft law, Decree, Decree or other document. Within a day after the development of the project, it is laid out on a special portal. Moreover, a reference to it is given in law. After that, the experts review and analyze each normative act in order of priority. Moreover, all norms are considered independently, independently of each other. The results of the examination are made out in the form of a conclusion. Moreover, it is compiled only if corruptogenic factors are found. If the project is “clean”, a conclusion is not required.
Problems and features of expertise
After analyzing the methodology for conducting anti-corruption examination of legal acts, we can pay some attention to the problems of this institution. Due to the fact that it is relatively new, there are still some problems.
In addition to the lack of a fully developed definition of anti-corruption expertise, the law does not contain a classification of this type of research. That is why at the regional level, the legislator establishes its differentiation. As a result of this, there is no unity and coherence at the federal level.
The interaction of various state bodies at the regional and municipal levels, as well as public organizations regarding the examination is not well established. So, for example, in the Chelyabinsk region, if violations are detected, the expert draws up a conclusion and sends it back to the body that drafted the draft legal regulation. After completion, the project is submitted to the State Legal Department of the Government of the region. While in the Republic of Tatarstan, a copy of the report is sent to the Prosecutor's Office of the Republic.
Statistics
The analysis of regional regulatory acts of the Chelyabinsk region shows that the subjects of expert activity are often legal services in the field of executive power or individual organizations and enterprises. A department has been formed in the Chelyabinsk region that works in the field of analysis and verification of documents for violations that could provoke acts of corruption. In 2017, 1967 examinations were conducted. Among the documents were 922 acts that are already in force, 160 projects of such acts that are distributed exclusively on the territory of the subject, 1 charter of the municipality, 397 amendments to municipal documents, 487 changes in the charters of municipalities. Compared to 2016, the number of documents submitted for examination by experts decreased by 18%. Despite this, the study is popular not only with the example of the region, but throughout the Russian Federation.
Development prospects
It is very important to understand the prospects for improving the methodology for conducting anti-corruption expertise.
The lack of a unified approach to the study leads to many difficulties in practice. First of all, it reduces the effectiveness of this type of research. It is necessary to amend the law, having formed a full-fledged definition of anti-corruption examination of legal acts. In addition, it is necessary to systematize the work of branches of power at the level of entities, combining the experience of all regions and bring uniformity to federal legislation regarding entities (requirements), objects of research, interaction between organizations and government agencies.
We can say that, taking the institute of expertise in this direction, the state has taken a big step in the fight against corruption. In the event that in the future this type of research will be developed and supplemented, we can gradually reduce the level of corruption in the country.