Who conducts the anti-corruption expertise of regulatory legal acts. Anti-corruption expertise of regulatory legal acts. In particular, the principles can be noted

The main purpose of the anti-corruption expertise of draft regulatory legal acts is to identify and eliminate errors made in the development and adoption of draft regulatory legal acts of corruption-related factors included in them, contributing to the emergence and spread of corruption. According to Part 2 of Art. 1 of the Federal Law No. 172, corruption-generating factors are the provisions of regulatory legal acts (draft regulatory legal acts) that establish unreasonably wide limits of discretion for the law enforcement officer or the possibility of unreasonable application of exceptions from general rules, as well as provisions containing vague, difficult to implement and (or) burdensome requirements for citizens and organizations, and thus create conditions for corruption.

The methodology and the list of corruption-generating factors contained in it are the same for all subjects of the examination. At the same time, the Rules determine the procedure for conducting anti-corruption expertise only by the Ministry of Justice of the Russian Federation and are applied when conducting an independent anti-corruption expertise. Other bodies, organizations, their officials, in accordance with Art. 3 Federal law dated July 17, 2009 No. 172-FZ, carry out anti-corruption expertise in the manner prescribed by the regulatory legal acts of the relevant federal bodies executive power, other government agencies and organizations, bodies state power subjects of the Russian Federation, authorities local government... On anti-corruption expertise of regulatory legal acts and draft regulatory legal acts: Feder. Law of the Russian Federation of July 17, 2009 No. 172-FZ

Corruption is understood as the possibility inherent in legal norms to facilitate corrupt actions and (or) decisions in the process of implementing normative legal acts containing such norms. Corruption is due to the presence in a normative legal act of corruption factors, regulatory structures and decisions that increase the danger of corruption, making the norms corrupt. Corrupt factors can be included in the text knowingly or unintentionally, meet the rules legal technique and violate them (defects in norms).

Accordingly, the objectives of the analysis of the corruption genicity of a normative legal act are: identification in a normative legal act of corruption factors and norms (defects in norms) that create the possibility of committing corrupt actions and (or) decisions; recommendations on elimination of corruption factors and elimination (correction) of corruption-related norms; recommendations for the inclusion of preventive anti-corruption norms in the text.

At the same time, recommendations for eliminating corruption factors and eliminating (correcting) corruption-related norms mean a general conclusion about the need to make changes and (or) additions to a regulatory legal act, the need to cancel a regulatory legal act, reject or revise a draft regulatory legal act.

Clearly established procedures for conducting anti-corruption expertise of regulatory legal acts create a stable regime for ensuring the high quality of the latter. This task cannot be achieved in the context of the adoption of many derivative bylaws (including local ones) that introduce unjustified variability in the regulation of this area.

It seems that most of the problems of this kind could be overcome by developing a standard act of the federal executive body on the procedure for examining draft regulatory legal acts and other documents in order to identify provisions in them that contribute to creating conditions for the manifestation of corruption.

As mentioned, at this stage legal regulation anti-corruption expertise has changed the object-subject side of this type of legal activity. The Law on Anti-Corruption Expertise provides for the examination of regulatory legal acts while monitoring their application. This presupposes building links between anti-corruption expertise and legal monitoring technology.

The concept of such monitoring of law enforcement corresponds to the broad understanding of this concept, supported by the Institute of Legislation and comparative jurisprudence under the Government of the Russian Federation. It includes monitoring not only directly the law enforcement activities of federal bodies for conducting an independent anti-corruption examination, the form of a conclusion based on the results of an anti-corruption examination (Ministry of Justice of Russia) of state authorities and state authorities of constituent entities Russian Federation, but also monitoring of current regulatory legal acts. This is confirmed by the content of the objectives of monitoring law enforcement: timely adjustments to the legislation of the Russian Federation and improving its quality. We believe that an adjustment is needed current regulations and methods of conducting anti-corruption expertise in terms of linking them with technologies for monitoring law enforcement.

Anti-corruption expertise cannot be considered only as a means of identifying corruption-generating factors, associated, among other things, with the technology of legal monitoring, but acts as an additional tool for ensuring the quality of acts, their greater efficiency. For this reason, the methodological foundations of anti-corruption expertise can be assessed as certain positive requirements for the development of departmental regulatory legal acts. In general, they can be formulated as the absence in the text of departmental normative legal acts of provisions that contribute to manifestations of corruption in their application.

Such requirements, for example, include:

ensuring free access of interested parties to information on the preparation and adoption of regulatory legal acts;

Currently, the Ministry of Justice of Russia has prepared draft decree of the President of the Russian Federation "On monitoring law enforcement", the Regulation on monitoring law enforcement approved by him, as well as a draft decree of the Government of the Russian Federation "On approval of the methodology for monitoring law enforcement". These documents were developed in pursuance of the National Anti-Corruption Plan and the instructions of the President of the Russian Federation.

observance of the hierarchy of regulatory legal acts;

the absence in a regulatory legal act or its draft of an unreasonable prevalence of the interests of certain groups and individuals, as well as infringement of the rights of other individuals and groups;

compliance with the established procedure for the preparation and adoption of regulatory legal acts;

certainty of the grounds, conditions and timing of decision-making (action) by the authorities and officials.

Normative legal acts are prepared by federal executive bodies in accordance with the Decree of the Government of the Russian Federation of August 13, 1997 No. 1009 "On the approval of the rules for the preparation of normative legal acts of federal executive bodies and their state registration". We believe it expedient to include anti-corruption requirements to regulatory legal acts and their preparation, the observance of which would allow their developers to avoid the appearance of corruption-generating factors in the text of regulatory legal acts.

Amendments are required to the regulatory legal acts of the Government of the Russian Federation on the organization of federal executive bodies and their interaction - Model Regulations internal organization federal executive bodies, approved by the Government of the Russian Federation of July 28, 2005 No. 452, and the Model Regulations for the interaction of federal executive bodies, approved by the Government of the Russian Federation No. 30 dated January 19, 2005. The corresponding changes should be reflected in the current regulations federal executive bodies.

V common system the mechanism of counteracting corruption violations, an important place is occupied by the activities of the prosecutor's office

Russian Federation. The anti-corruption expertise of normative legal acts, as well as their projects, carried out by the prosecution authorities, has a significant preventive potential. Although this responsibility was entrusted to the Prosecutor's Office of the Russian Federation only with the adoption of the Law on Anti-Corruption Expertise, the Prosecutor General's Office of the Russian Federation has been carrying out such activities for several years on the basis of a specially developed methodology. The subject of this examination is the normative acts concerning:

1) the rights, freedoms and duties of a person and a citizen;

2) state and municipal property, state and municipal service, budgetary, tax, customs, forestry, water, land, city-forming business.

The issues of combating corruption, organizing the implementation of the provisions on conducting anti-corruption expertise established by federal laws and decrees of the Government of the Russian Federation were devoted to: order General Prosecutor's Office RF dated March 31, 2008 No. 53 "On the organization prosecutorial supervision over the observance of the rights of subjects entrepreneurial activity"(As amended by the order of the General Prosecutor's Office of the Russian Federation of March 27, 2009 No. 93), order of the General Prosecutor's Office of the Russian Federation dated August 13, 2008 No. 160" On organizing the execution of the National Anti-Corruption Plan ", order of the General Prosecutor's Office of the Russian Federation of September 19, 2008 . № 188 "On the Commission of the General Prosecutor's Office of the Russian Federation on compliance with the requirements for service behavior federal state civil servants and the settlement of conflicts of interest ", order of the General Prosecutor's Office of the Russian Federation of May 6, 2009 No. 142" On the procedure for notifying prosecutors and federal civil servants of the heads of bodies and institutions of the corruption offenses and organizing checks of incoming notifications ”.

construction, environmental legislation, licensing legislation, as well as legislation regulating the activities of state corporations, foundations and other organizations created by the Russian Federation on the basis of federal law;

3) social guarantees persons replacing (replacing) state or municipal positions, positions of state or municipal service.

A preliminary analysis of certain results of the work of the prosecutor's office allows us to draw some conclusions. So, in 2013, prosecutors identified about 12.5 thousand regulatory legal acts of state authorities and local self-government, containing corruption factors. These acts contained almost 14 thousand corruption-related norms, moreover, more than 9.5 thousand. normative documents generally contradicted federal legislation (see: Report of the Prosecutor General of the Russian Federation at a meeting of the Federation Council Federal Assembly RF. May 13, 2013).

In continuation of this practice of the prosecutor's office in the first half of 2014, the activity of the prosecutor's office in combating manifestations of corruption in the analysis of violations of anti-corruption legislation found its expression in the identification of more than 173 thousand such violations. 29.4 thousand protests were brought against illegal legal acts containing corruption factors, 31.6 thousand submissions were made, as a result of which 19 thousand officials were punished in a disciplinary manner (see: Report of the First Deputy Prosecutor General of the Russian Federation on an expanded meeting of the board of the General Prosecutor's Office of the Russian Federation on July 24, 2014, dedicated to the work in the first half of 2014.

The situation is getting worse jurisprudence- this is to the question of the implementation mechanism adopted laws... This is more than convincingly evidenced by official statistics, especially in the fight against economic crime. Of the total mass of annually registered crimes in the economic sphere, i.e. of criminal cases initiated, a quarter is sent to the courts, but in reality to criminal liability only one out of ten persons involved in these cases is involved. Specific facts speak no less eloquently about this: entrepreneur Ananyev (Kaluga Region) has been producing fake hawthorn tincture for more than two years, selling about 2.5 million bottles a month through pharmacies, "earning" 67 million rubles in this way, a court verdict against h. 2 tbsp. 171 of the Criminal Code of the Russian Federation - a fine of 150 thousand rubles; the shadow banker Balakleevsky (Novosibirsk) cashed out over 13 billion rubles in four years, "earned" 32 million rubles, the court verdict - 3.5 years suspended and a fine of 100 thousand rubles; a certain Mukhamedshina (Kazan) organized the manufacture and sale of counterfeit discs, about 611 thousand discs and more than 1700 matrices for their production were seized from her (how many she released and sold them in total remained a mystery), but the court did not even find it possible to fine her , citing the "plight" of the citizen. Kachkina T.B., Kachkin A.V. Corruption and the main elements of a strategy to counter it: Tutorial... - Ulyanovsk: OJSC "Regional Printing House" Pechatny Dvor ". 2011 .-- 80 p.

Firstly, anti-corruption expertise should be based on the criteria established by federal laws and methodological foundations. Secondly, since not all acts are included in the scope of the anti-corruption analysis of the prosecutor's office, it is necessary to develop mechanisms for their selection. As part of improving this activity, a promising direction is the development guidelines and the creation of legal and information technology.

The legal department of the administration monitors the documents submitted for legal examination for corruption factors. The decision to conduct an anti-corruption expertise of the current municipal document or his project is adopted by the head of the city based on the monitoring results legal department administration of the corresponding document. Regional level normative legal framework on anti-corruption expertise includes the legislation of the constituent entities of the Russian Federation. The analysis and subsequent generalization made it possible to note the following characteristics of the legal regulation of anti-corruption activities of the constituent entities of the Russian Federation:

a) implementation of anti-corruption programs;

b) the existence of special anti-corruption laws of the constituent entities of the Russian Federation and the adoption of sectoral laws regulating separate issues anti-corruption activities (in most cases these are state and municipal services, housing and communal services reform, etc.);

c) development on the basis of contracts and R&D plans anti-corruption practices and recommendations.

Legal monitoring showed that in the constituent entities of the Russian Federation, the normative regulation of anti-corruption issues, including issues of anti-corruption expertise, developed significantly ahead of schedule. federal level... Exploring this level regulatory framework allows you to significantly enrich the practical side of anti-corruption analysis, since the experience of the subjects.

Many constituent entities of the Russian Federation have adopted their own anti-corruption laws (for example, in the Republic of Tatarstan, Sverdlovsk, Chelyabinsk, Kaluga, Tver, Tyumen regions).

In general, the anti-corruption policy of the Russian Federation deserves a positive assessment. At the same time, the lack of common approaches to the implementation of anti-corruption measures impedes effective anti-corruption throughout the country.

The adoption of the Law on Combating Corruption and the Law on Anti-Corruption Expertise, as well as the rules and methods for conducting the expertise, established the legal basis for a uniform anti-corruption assessment of regulatory legal acts of the constituent entities of the Russian Federation and their projects. At the same time, the main direction of activities of state bodies to improve the effectiveness of combating corruption proclaimed the implementation of a unified state policy in the field of combating corruption (Article 7 of the Law on Combating Corruption), which implies the unification of not only legislative regulation of combating corruption in general, but also the application of unified system criteria for assessing regulatory legal acts and other documents in the Russian Federation. Kamenskaya E. V., Rozhdestvina A. A. Independent anti-corruption expertise [Electronic resource]: scientific and practical manual / prepared for the ConsultantPlus system. 2010. URL: http://cmt.consultant.ru/cmb/ doc16689.html (date of access: 15.08.2011).

A certain specification of the norms of federal legislation at the level of the constituent entities of the Russian Federation is necessary taking into account the specifics of the regions (for example, the adoption of anti-corruption programs). At the same time, anti-corruption expertise cannot be carried out according to various assessment criteria and factors within the Russian Federation.

The official methodology of anti-corruption expertise was approved by the Decree of the Government of the Russian Federation of March 5, 2009 N 196 "On approval of the Methodology for the examination of draft regulatory legal acts and other documents in order to identify provisions in them that contribute to the creation of conditions for the manifestation of corruption."

The methodology is based on the analysis of the texts of draft regulatory legal acts in order to identify corruption-related norms in them, that is, such provisions of draft documents that contain corruption factors. In turn, corruption factors "are recognized the provisions of draft documents that may contribute to manifestations of corruption in the application of documents, including can become the direct basis of corrupt practices or create conditions for the legitimacy of corrupt acts, as well as admit or provoke them."

The Methodology identifies three groups of corruption factors, each of which, which is important to emphasize, is accompanied by brief description, clarification. Factors associated with the implementation of the powers of a public authority (or local government):

Table 1. Factors of corruption. ? Gulyagin A. Yu. Expertise of regulatory legal acts as legal remedy anti-corruption // Legal world. 2012. No. 12.

Corruption factor	Criteria
discretionary breadth	Lack of strictly defined deadlines for implementation individual actions; - the lack of conditions for the adoption of one of several possible decisions affecting the rights and freedoms of citizens, the interests of legal entities; - the content of the norms that ambiguously or not exhaustively determine the conditions for the refusal of the state body to make a decision; - the arbitrariness of the choice of the norms to be applied.
determination of competence according to the formula "have the right"	Lack of clarity in the definition of the competence of public authorities or local authorities; - dispositive establishment of the possibility of officials committing actions in relation to citizens and organizations.
selective change in the scope of rights	The presence of provisions of the normative legal acts, the analysis of which indicates that as a result of its adoption, only one group of subjects of civil law "wins"
excessive freedom of regulation	The presence of blanket and reference norms, leading to the adoption of bylaws that interfere with the competence of the state authority or local government body that adopted the original legal regulation; - the contradiction between the norms of one or different levels of legislation affecting the rights and legitimate interests individuals and organizations; - the presence of contradictions in a separate norm of legal acts allowing different interpretation norms; - the presence of norms referring to the provisions of acts of bodies not authorized to regulate a specific public attitude;
adoption of a normative legal act outside the competence	Lack of competence of a public authority (person) for the adoption of an act, or publication in excess of the powers granted to this body;
filling legislative gaps with secondary legislation in the absence of a legislative delegation of the appropriate authority	Establishment of generally binding rules of conduct in bylaw in the absence of a law: - duplicating powers of different civil servants within one state body or different state bodies.
lack or incompleteness of administrative procedures	Lack of order by public authorities or local authorities certain actions or one of the elements of this order; - the presence of norms establishing the responsibility of several civil servants for the same decision.
refusal of competitive (auction) procedures	Anchoring administrative order provision of the right (benefit) .- the presence of provisions in the legal regulation restricting access to information on the activities of state bodies, the vagueness of the rules governing relations regarding such information, the absence of rules on the reporting of the body or its officials
the presence of overstated requirements for a person to exercise his right	Establishment of vague, difficult to fulfill and burdensome requirements for citizens and organizations - the content of provisions in the regulatory legal acts defining unreasonably burdensome conditions for a person to exercise his right or fulfill an obligation; - overstated requirements for a person, presented in the exercise of his rights.
abuse of the applicant's right by public authorities or local authorities	Lack of clear regulation of the rights of citizens and organizations.
legal and linguistic uncertainty	The use of ambiguous or unsettled terms, concepts and formulations, categories of an evaluative nature, with an unclear, indefinite content, not used by Russian legislation, admitting different interpretations, designating the same phenomena with different terms: to be applied.

2. Factors associated with legal gaps:

a) the existence of a gap in legal regulation itself;

b) lack of administrative procedures;

c) refusal from competitive (auction) procedures;

d) the absence of prohibitions and restrictions for government bodies or local government bodies (their officials);

e) absence of measures of responsibility of state authorities or local self-government bodies (their officials);

f) lack of indication of the forms, types of control over government bodies or local government bodies (their officials);

g) violation of the information transparency regime.

3. Factors of a systemic nature are factors that can be detected through a comprehensive analysis of the draft document, regulatory collisions. Regulatory collisions are contradictions, including internal ones, between the norms that create for local governments and their officials the possibility of an arbitrary choice of norms to be applied in a particular case.

The presence of such a corruption factor is indicated by any type of collision, if the possibility of its resolution depends on the discretion of local governments and their officials.

The effectiveness of the examination for corruption is determined by its consistency, reliability and verifiability of the results (clause 3 of the Methodology). And to ensure the consistency, reliability and verifiability of the results of the examination for corruption, it is necessary to conduct an examination of each norm of the draft document for corruption and present its results uniformly, taking into account the composition and sequence of corruption factors (clause 4 of the Methodology).

As follows from clause 6 of this Methodology, the list of corruption factors is not exhaustive. Thus, E. V. Talapina, in addition to normative collisions, noted among corruption factors of a systemic nature such as: false goals and priorities; violation of the balance of interests; "imposed" corruption. In addition, E. V. Talapina distinguishes the fourth group of corruption factors: formal technical corruption; failure to adopt a normative legal act (inaction).

Meanwhile, the Methodology contains a tool for self-development and does not exhaust the analysis of the text of normative acts only with the indicated corruption factors. So, according to clause 6 of the Methodology, "provisions revealed during the examination for corruption that are not related to corruption factors in accordance with this Methodology, but which can contribute to the creation of conditions for the manifestation of corruption, are indicated in the expert opinion."

Priority anti-corruption assessment should be subject to regulatory legal acts that are associated with the following circumstances:

a) decision-making by officials on the redistribution of material and financial resources, including in the context of competitive procedures;

b) decision-making by officials on the issuance or non-issuance of permits, licenses and other permits;

c) decision-making by officials on the imposition of fines or other sanctions as a result of control measures;

d) the adoption of the final decision by a representative of the authority in relation to a citizen in the absence of any external control;

e) the need for multiple coordination of the decision of the authority, obtaining multiple visas, etc.

In the future, when carrying out expert work, you should carefully familiarize yourself with the content of the regulatory legal act and evaluate it as a whole in the system of legal regulation public relations of a given type and level.

During the examination at this stage it is necessary to assess: Anti-corruption legal acts of the Russian Federation: http://www.pravo.gov.ru

Feasibility and validity of the adoption of the act;

Compliance of the regulatory mechanisms proposed by the act with the declared goals of its adoption;

Socio-political and socio-economic consequences of its adoption;

Other circumstances showing the nature of a possible change in public relations in connection with the entry into force of this act.

Excessive blurring, indistinctness, ambiguity of the wording used in the legislation, the lack of necessary interpretative acts clarifying controversial provisions, contribute to the emergence of a whole group of acts provoking the development of corruption relations, allowing the creation of the most effective rent-oriented patterns of behavior of subjects, which is especially characteristic of entrepreneurial, financial and credit , investment spheres. Taking into account the considerations presented, ensuring the anti-corruption protection of activities related to the conduct of an examination for corruption requires the utmost attention. This problem needs to be addressed together in order to create a practical legal institution expertise for corruption, to do this in an agreed manner with the Ministry of Justice of Russia. In this part, as a representative of the scientific and educational institution of the Ministry of Justice of Russia, I express my readiness for the participation of our specialists in working out these issues.

Anti-corruption expertise of regulatory legal acts is an effective measure to prevent corruption in Russia. It was first mentioned in the Federal Law under No. 273.

However, this law does not contain any definition of the term "anti-corruption expertise", nor the procedure for its implementation. The legal creator only discloses the purpose of this procedure, which is to identify corruption-related provisions in the sources of law and their projects.

For this reason, any citizen who wants to understand how the anti-corruption expertise is carried out has to turn to additional legal regulations and methodological recommendations.

All of them are written in a complex language using special terminology that is difficult to understand for a person without special education. You will have to spend a lot of your time studying these laws, which, as you know, is priceless.

Therefore, the best way out of the situation would be to contact professional lawyers who are ready to provide free lawyer consulting on the most difficult issues at any time of the day.

The user only needs to briefly enter his comment in the window feedback and wait for the message from the operator on duty.

In Russia, anti-corruption expertise is carried out:

• The Prosecutor's Office of the Russian Federation;
• the most important state body in the field of jurisprudence - the Ministry of Justice of the Russian Federation;
• in certain situations - by other competent persons.

The prosecutor's office identifies possible corruption-related provisions in regulatory sources that regulate the following areas of life:

• tax payments;
• work in government agencies;
• nature protection;
• rights and benefits of the population;
• copyright, patent legislation;
• licensing.

The Ministry of Justice conducts an anti-corruption study of all draft laws adopted (at all levels and departmental laws and regulations).

Other authorized bodies and the officials working in them are engaged in checking internal departmental documents.

Rules of conduct

In 2010, the Russian Government adopted Decree No. 96, which defines the procedure for the verification of sources of law (projects) by representatives of justice and accredited independent specialists.

The main task of this document is to search for corruption-generating factors (regulations establishing excessively broad powers for a civil servant, which, under certain conditions, can lead to corruption) and search for ways to correct and eliminate them.

Resolution # 96 applies to projects:

• laws of the all-Russian and regional level;
• NPA of the President;
• regulations;
• concepts and terms of reference when working with sources of law;

as well as in relation to the acting acts of the bodies of all branches of government.

The specialists of the Ministry of Justice, authorized to investigate the norms of law, draw up a conclusion based on the results of the anti-corruption expertise, expressing their position regarding the presence of corruption conditions. The conclusion form is generally binding for all participants in the examination, since it is approved by the Ministry of Justice itself.

The rules for conducting anti-corruption expertise state that a deep study of any regulatory legal acts is carried out not only by the prosecutor's office and competent state bodies, but also by other persons who have a license from the Ministry of Justice on the status of independent specialists. Interested citizens and public organizations have the right to contact experts and order anti-corruption verification of documents at their own expense.

In order to ensure the possibility of an independent examination of draft laws, the initiators are obliged to post their texts on the Internet on public resources and send them for consideration to the departments of competent structures.

During legal research The normative legal acts (their drafts) by each specialist must comply with and use the methodology for conducting anti-corruption expertise of regulatory legal acts. After completing the check, the author draws up a conclusion based on the results of an independent anti-corruption examination, not in an arbitrary format, but in accordance with the appendices of the Ministry of Justice. The text of this document usually contains:

• approval / denial by a specialist regarding the presence in legal sources and their drafts of corruption-related provisions;
• methods of solving the problem, in case of identifying a threat of corruption.

The rules for conducting anti-corruption expertise provide: any conclusion of the author is based on a comparison and analysis of the information he has and is directly related to the results of the expertise. The reader must understand the author's logical devices, leaving no room for ambiguity of perception.

The text of the conclusion based on the results of the independent anti-corruption expertise is of a recommendatory nature for the body that is the addressee. The lawmaker has established a period during which competent persons are obliged to consider the received document - it is one month. If an expert has proposed methods for correcting or eliminating corruption-related norms, then a written response is sent to him about the results of the legal analysis.

Organization of inspection

The procedure for conducting anti-corruption expertise of regulatory legal acts is partially affected by Resolution No. 96 of the Government of Russia. However, accredited experts and employees of the state apparatus should to a greater extent use the methodological recommendations of 2012 approved by the Council under the President of Russia, designed to combat corruption, since it is they who most fully answer the question "how is legal anti-corruption research carried out?"

The most important principles:

• Anti-corruption check of departmental legal acts and their projects is carried out in mandatory in every case. The experts are persons who are specialists of the relevant unit with special education.
• The provisions of the assessed document are analyzed in conjunction with related legal norms.
• In conducting research, staff should use the national plan and strategy of the government in relation to anti-corruption.
• All conclusions are objective in nature with the possibility of civilian control.

According to the procedure for conducting anti-corruption inspections of legal acts and their projects, this work is carried out by an authorized subdivision of the authority. In each case, the appropriate department is approved, capable of conducting the most objective analysis of the document. Employees of this department control the publication of legal acts on the official website of the state body for the purpose of possible examination by accredited experts.

Stages of studying the draft law:

• The document is approved in writing by the head of the initiating body and forwarded to the department carrying out the departmental anti-corruption research.
• The review time should not exceed the period required for standard due diligence of documents.
• When studying the draft regulatory legal act, specialists should be guided by the existing methodology for conducting an examination.
• It is not the project itself that is subject to assessment, but each of its components, norms.
• The result of the study is drawn up according to approved form in the form of a conclusion.
• The head of the expert department sends the results to the department that developed the project.
• In situations where the results contain corruption-related norms, and the department that developed the document, in accordance with them, then it is sent for revision, after which it is re-checked by the expert department.
• If the conclusion contains corruption-related provisions, and the department that developed the document does not agree with them, then conciliation measures are appointed between the department of experts and the developer.

Study of applicable laws:

• If provisions are identified that can lead to corruption in the future, employees of the relevant government authority send the NLA to the expert department for research.
• Based on the results obtained, the specialists of the subdivision responsible for the legal content of the document draw up proposals to eliminate corruption-related norms and submit them for written approval to the head of the executive authority.
• In the event that corruption-related norms are discovered by experts, but their correction is impossible due to the lack of powers of a certain body, then the specialists of this structure are obliged to notify the Prosecutor General's Office of Russia in writing.

Methodology

When studying individual legal acts and their projects, a specialist must be guided by special rules established by:

• Resolution # 196, adopted by the Government;

• Protocol No. 34 of the Anti-Corruption Council (guidelines).

These laws and regulations contain clarifications to help detect possible corruption-related conditions. The authors of the guidelines advise to pay attention to the presence of the following indicators:

• clauses granting an employee of the state apparatus the right to act at his own discretion;
• an open list of reasons for refusing a request to the applicant;
• opportunities for subjective assessment civil servants of the submitted documents;
• "Gaps" in laws (their drafts);
• legal conflicts;
• absence of any responsibility of a civil servant for violation of legal regulations;
• lack of provisions on civil (public) control;
• enhanced local rule-making opportunities.

If at least one of the listed factors is found, an expert or an authorized employee of the legal service of a state body must reflect it in his conclusion with a proposal for a way to eliminate it.

Details Category: Magazine selections for the accountant Published: 03/11/2015 00:00

General principles of anti-corruption expertise

In recent years, the development of Russian anti-corruption legislation has received increased attention. As a result, the Federal Law of December 25, 2008 No. 273-FZ "On Combating Corruption" was adopted (hereinafter - Law No. 273-FZ). It is the basic principles of anti-corruption, legal and organizational framework preventing corruption and combating it, minimizing and eliminating the consequences of corruption offenses. Also, Law No. 273-FZ establishes the main measures on corruption, one of which is the anti-corruption examination of legal acts and their drafts.

To implement the provisions of Law No. 273-FZ in terms of conducting anti-corruption expertise, Federal Law No. 172-FZ dated 17.07.2009 “On anti-corruption expertise of regulatory legal acts and draft regulatory legal acts” was adopted (hereinafter - Law No. 172-FZ). It establishes the legal and organizational framework for anti-corruption expertise of regulatory legal acts and draft regulatory legal acts to identify corruption-generating factors * and their subsequent elimination.

* (Footnote) Corruption factors are provisions of regulatory legal acts or their drafts that set unreasonably wide limits of discretion for the law enforcement officer or the possibility of unreasonable application of exceptions to the general rules, as well as provisions containing vague, difficult to implement and (or) burdensome requirements, thereby creating conditions for the manifestation of corruption.

The basic principles of organizing anti-corruption expertise of regulatory legal acts and their drafts are enshrined in Law No. 172-FZ:

• the obligation to conduct anti-corruption expertise of draft regulatory legal acts;
• assessment of a regulatory legal act in conjunction with other regulatory legal acts;
• validity, objectivity and verifiability of the results of anti-corruption expertise of regulatory legal acts and their drafts;
• the competence of persons conducting anti-corruption expertise of regulatory legal acts and their projects;
• cooperation of federal bodies of other state bodies and organizations, bodies of state power of constituent entities of the Russian Federation and local self-government, as well as their officials with institutions civil society when conducting anti-corruption expertise of regulatory legal acts and their drafts.

Who has the right to conduct anti-corruption expertise

The Prosecutor's Office of the Russian Federation, the Ministry of Justice of Russia, as well as bodies (federal executive power, constituent entities of the Russian Federation, local self-government, as well as other state bodies), organizations, and their officials are obliged to conduct anti-corruption expertise of regulatory legal acts and their drafts by Law No. 172-FZ. They must be guided by the methodology, which is determined by the Government of the Russian Federation.

Prosecutors carry out anti-corruption expertise of regulatory legal acts of bodies, organizations, their officials on the following issues:

• rights, freedoms and duties of a person and a citizen;
• state and municipal property, state and municipal services, budgetary, tax, forestry, water, land, environmental legislation, licensing legislation, as well as legislation regulating the activities of state corporations, foundations and other organizations, created by Russia on the basis of federal law;
• social persons who replace (replaced) state or municipal positions, positions of state or municipal service.

The Russian Ministry of Justice conducts anti-corruption expertise in the following areas:

• drafts of federal laws, decrees of the President of the Russian Federation and decrees of the government of the Russian Federation, which are developed by federal executive bodies, other state bodies and organizations - during their implementation legal expertise;
• · Drafts of amendments by the government of the Russian Federation to draft federal laws, which were prepared by federal executive bodies, other state bodies and organizations - during their legal examination;
• Normative legal acts of federal executive bodies, other state bodies and organizations that affect the rights, freedoms and duties of a person and a citizen, establish legal status organizations or are of an interdepartmental nature, as well as charters and municipal legal acts on amendments to the charters municipalities- with their
• Regulatory legal acts of the constituent entities of the Russian Federation - when applying them and when entering information into the federal register of regulatory legal acts of constituent entities of the Russian Federation

Bodies, organizations, their officials carry out anti-corruption expertise of the normative legal acts (drafts) adopted by them while carrying out their legal expertise and monitoring their application. If corruption-generating factors are found in normative acts (projects), but it is not within the competence of the inspectors to eliminate them, they inform the prosecutor's office about this.

Anti-corruption expertise of regulatory legal acts that were adopted by reorganized or abolished bodies and organizations should be carried out by the bodies and organizations to which the relevant powers have been delegated, while monitoring the application of these regulatory legal acts. If the relevant powers have not been transferred to anyone, the examination is carried out by a body whose competence includes the functions of developing state and legal regulation in the relevant field of activity, while monitoring the application of these regulatory legal acts. If the inspection body or organization identifies corruption-generating factors there, then a decision is made to develop a draft normative legal act that will exclude these factors (Article 3 of Law No. 172-FZ).

Anti-corruption expertise methodology

The Prosecutor's Office, the Ministry of Justice, bodies, organizations and their officials carry out anti-corruption expertise in accordance with the Methodology for conducting anti-corruption expertise of regulatory legal acts and their projects, which is approved by Decree of the Government of the Russian Federation of February 26, 2010 No. 96 (hereinafter referred to as the Methodology).

Thus, the Methodology identifies two types of corruption-generating factors:

• the law enforcement officer receives an unreasonably wide margin of appreciation or the ability to unreasonably apply exceptions to the general rules;
• contains vague, difficult to fulfill and (or) burdensome requirements for citizens and organizations.

The first type of corruption-generating factors include:

• the breadth of discretionary powers, that is, there are no or not defined terms, conditions or grounds for making a decision, there is a duplication of powers of state authorities or local self-government (their officials);
• the definition of competence is "entitled", that is, government or local government bodies (their officials) get the opportunity, at their own discretion, to take actions in relation to citizens and organizations;
• selective change in the scope of rights, when state authorities or local self-government bodies (their officials) get the opportunity, at their discretion, to unreasonably establish exceptions to general order for citizens and organizations;
• excessive freedom of subordinate rule-making, that is, the normative act contains blanket and reference norms that lead to the adoption of sub-legislative acts that invade the competence of the state authority or local government that adopted the original normative legal act;
• adoption of a normative legal act outside the competence, when the competence of state authorities or local self-government bodies (their officials) is violated when adopting normative legal acts;
• filling in legislative gaps with bylaws in the absence of appropriate powers, that is, an attempt to establish generally binding rules of conduct in a bylaw in the absence of the law itself;
• the absence or incompleteness of administrative procedures, that is, there is no procedure for the commission by state authorities or local self-government (their officials) of certain actions or one of the elements of such an order;
• refusal of competitive (auction) procedures, when the granting of the right (benefit) is fixed in the administrative order.

The second type of corruption-generating factors includes:

• overestimated requirements for a person, which are presented for the implementation of his right, that is, vague, difficult to fulfill and burdensome requirements for citizens and organizations are established;
• abuse of the applicant's right by state authorities or local self-government bodies (their officials), that is, there is no clear regulation of the rights of citizens and organizations;
• legal and linguistic uncertainty, when unsettled, ambiguous terms and categories of an evaluative nature are used.

If corruption-generating factors have been identified in regulatory legal acts (projects), the subsequent actions will be as follows:

• the prosecutor demands to change the normative legal act or go to court in the manner prescribed by the procedural legislation of the Russian Federation;
• the conclusion, which is drawn up based on the results of the anti-corruption expertise, is at the Ministry of Justice of Russia, as well as by bodies, organizations, and their officials.

In the request of the prosecutor to amend the normative legal act and in the conclusion, the corruption-generating factors identified in the normative legal act (draft) must be indicated and ways to eliminate them are proposed. The conclusion is of a recommendatory nature and must be considered by the relevant body, organization or official without fail.

Independent anti-corruption expertise

Civil society institutions and citizens can conduct an independent anti-corruption expertise of regulatory legal acts and their drafts (part 1 of article 5 of Law No. 172-FZ). For this, legal entities and individuals must be the Ministry of Justice of Russia as independent experts in anti-corruption expertise. To ensure the possibility of conducting an independent anti-corruption examination of projects of various regulatory acts, the initiators of their development must, during the working day, on which the documents were sent for approval, place them on the regulation.gov.ru website (clause 5 of the Rules for conducting anti-corruption expertise). In this case, it is necessary to indicate the start and end dates for the acceptance of conclusions based on the results of the examination. The specified order applies to projects:

• federal laws (FZ);
• decrees of the President of the Russian Federation;
• resolutions of the government of the Russian Federation;
• concepts and technical specifications for the development of draft federal laws;
• official reviews and opinions on the draft Federal Law.

If a project affects the rights, freedoms and obligations of a person and a citizen, establishes the legal status of organizations or is of an interdepartmental nature, the developers of draft regulatory legal acts during the working day corresponding to the day these projects are sent for consideration to the legal service of federal executive bodies, other state bodies and organizations post these projects on the regulation.gov.ru website. In this case, it is necessary to indicate the start and end dates for the acceptance of conclusions based on the results of the examination.

The results of an independent anti-corruption expertise are reflected in the conclusion. It should indicate the corruption-generating factors identified in the regulatory legal act (draft) and suggest ways to eliminate them. Such a conclusion is of a recommendatory nature and is subject to mandatory consideration by the body, organization or official to whom it was sent within 30 days from the date of its receipt. Based on the results of the consideration, a motivated person is sent to a citizen or organization that has carried out an independent examination, except for cases when the conclusion does not contain a proposal on a way to eliminate the identified corruption-generating factors.

The results of the examination are reflected in the conclusion in the form approved by the Ministry of Justice of the Russian Federation. Legal entities and individuals accredited as experts send in paper or electronic form:

• Conclusions based on the results of an independent anti-corruption expertise are submitted to federal executive authorities, state authorities of the constituent entities of the Russian Federation, other state bodies, local authorities and organizations that have developed the relevant document;
• Copies of the conclusions are sent to the Ministry of Justice of the Russian Federation or its territorial body.

State authorities, whose regulatory legal acts are subject to state registration, must post to their e-mail address, which is intended to receive the conclusions of an independent anti-corruption expertise, and notify the Ministry of Justice of the Russian Federation about it.

If the conclusion of the independent anti-corruption expertise does not correspond to the approved form, the department returns it no later than 30 days after registration, indicating the reasons (Resolution of the Government of the Russian Federation of March 27, 2013 No. 274).

Draft acts, which are listed in clause 5 of the Rules (federal laws, presidential decrees, government decrees), are submitted to the President of the Russian Federation and (or) to the government of the Russian Federation along with the conclusions of an independent anti-corruption expert examination. In this case, the provisions of Part 3 of Art. 5 of the Federal Law "On Anti-Corruption Expertise of Regulatory Legal Acts and Draft Regulatory Legal Acts" - the conclusion of an independent anti-corruption expertise is advisory in nature and must be considered by the body, organization or official to whom it is addressed within 30 days from the date of receipt.

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

On anti-corruption expertise of regulatory legal acts and draft regulatory legal acts

Document with changes made:
(Collected Legislation of the Russian Federation, N 52, 24.12.2012) (on the procedure for entry into force, see paragraph 2 of the Decree of the Government of the Russian Federation of December 18, 2012 N 1334);
(Official Internet Portal legal information www.pravo.gov.ru, 01.04.2013);
(Official Internet portal of legal information www.pravo.gov.ru, 28.11.2013);
(The official Internet portal of legal information www.pravo.gov.ru, 02/04/2015, N 0001201502040038) (for the entry into force, see paragraph 7 of the Decree of the Government of the Russian Federation of January 30, 2015 N 83);
(Official Internet portal of legal information www.pravo.gov.ru, 07.24.2015, N 0001201507240026);
(Official Internet portal of legal information www.pravo.gov.ru, 14.07.2017, N 0001201707140008).

____________________________________________________________________

In accordance with the Federal Law "On Anti-Corruption Expertise of Regulatory Legal Acts and Draft Regulatory Legal Acts" the Government of the Russian Federation

decides:

1. Approve the attached:

Rules for conducting anti-corruption expertise of regulatory legal acts and draft regulatory legal acts;

methodology for conducting anti-corruption expertise of regulatory legal acts and draft regulatory legal acts.

2. To declare invalid:

Resolution of the Government of the Russian Federation of March 5, 2009 N 195 "On approval of the Rules for the examination of draft regulatory legal acts and other documents in order to identify provisions in them that contribute to the creation of conditions for the manifestation of corruption" (Collected Legislation of the Russian Federation, 2009, N 10, Art. .1240);

Resolution of the Government of the Russian Federation of March 5, 2009 N 196 "On approval of the methodology for the examination of draft regulatory legal acts and other documents in order to identify provisions in them that contribute to the creation of conditions for the manifestation of corruption" (Collected Legislation of the Russian Federation, 2009, N 10, Art. .1241).

Prime Minister
Russian Federation
V. Putin

Rules for Conducting Anti-Corruption Expertise of Regulatory Legal Acts and Draft Regulatory Legal Acts

APPROVED BY
government decree
Russian Federation
dated February 26, 2010 N 96

1. These Rules determine the procedure for the anti-corruption examination of regulatory legal acts and draft regulatory legal acts carried out by the Ministry of Justice of the Russian Federation, and an independent anti-corruption examination of regulatory legal acts and draft regulatory legal acts in order to identify corruption-generating factors in them and their subsequent elimination.

2. The Ministry of Justice of the Russian Federation conducts anti-corruption expertise in accordance with the methodology for conducting anti-corruption expertise of regulatory legal acts and draft regulatory legal acts, approved by Resolution of the Government of the Russian Federation of February 26, 2010 N 96, in relation to:

a) draft federal laws, draft decrees of the President of the Russian Federation and draft decrees of the Government of the Russian Federation, developed by federal executive bodies, other state bodies and organizations - during their legal examination;

b) draft amendments by the Government of the Russian Federation to draft federal laws prepared by federal executive bodies, other state bodies and organizations - during their legal examination;
Decree of the Government of the Russian Federation of March 27, 2013 N 274; as amended by the Decree of the Government of the Russian Federation of November 27, 2013 N 1075.

c) regulatory legal acts of federal executive bodies, other state bodies and organizations affecting the rights, freedoms and duties of a person and citizen, establishing the legal status of organizations or having an interdepartmental nature, as well as the charters of municipalities and municipal legal acts on amendments to the charters of municipal entities - upon their state registration;

d) regulatory legal acts of the constituent entities of the Russian Federation - when monitoring their application, entering information into the federal register of regulatory legal acts of the constituent entities of the Russian Federation.
(Subclause as amended, entered into force on April 9, 2013 by the Decree of the Government of the Russian Federation of March 27, 2013 N 274.

3. The results of the anti-corruption expertise are reflected in the conclusion of the Ministry of Justice of the Russian Federation based on the results of the legal expertise or in the conclusion of the Ministry of Justice of the Russian Federation in the form approved by the Ministry.
Decree of the Government of the Russian Federation of March 27, 2013 N 274.

3_1. Disagreements arising in the assessment of corruption-generating factors specified in the conclusion of the Ministry of Justice of the Russian Federation based on the results of the examination of draft regulatory legal acts and documents provided for in subparagraphs "a" and "b" of paragraph 2 of these Rules are resolved in the manner prescribed by the Regulations of the Government of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 1, 2004 N 260 (hereinafter referred to as the Government Regulation), to consider unresolved disagreements on draft acts submitted to the Government of the Russian Federation with disagreements.
Resolution of the Government of the Russian Federation of January 30, 2015 N 83.

Disagreements arising in the assessment of corruption-generating factors specified in the conclusion of the Ministry of Justice of the Russian Federation based on the results of an examination of regulatory legal acts of federal executive bodies, other state bodies and organizations affecting the rights, freedoms and duties of a person and citizen, establishing the legal status of organizations or having an interdepartmental nature, are permitted in the manner prescribed by the Rules for the preparation of normative legal acts of federal executive bodies and their state registration, approved by Decree of the Government of the Russian Federation of August 13, 1997 N 1009.
Resolution of the Government of the Russian Federation of March 27, 2013 N 274)

4. An independent anti-corruption examination is carried out by legal entities and individuals accredited by the Ministry of Justice of the Russian Federation as experts in conducting an independent anti-corruption examination of normative legal acts and draft normative legal acts, in accordance with the methodology for conducting an anti-corruption examination of normative legal acts and draft normative legal acts, approved by Decree of the Government of the Russian Federation of February 26, 2010 N 96.
(Clause as amended, entered into force on April 9, 2013 by the Decree of the Government of the Russian Federation of March 27, 2013 N 274.

5. In order to ensure the possibility of conducting an independent anti-corruption examination of draft federal laws, draft decrees of the President of the Russian Federation, draft resolutions of the Government of the Russian Federation, federal executive bodies, other state bodies and organizations - developers of draft normative legal acts during the working day corresponding to the day of sending the specified projects for approval by state bodies and organizations in accordance with paragraph 57 of the Government Regulations, post these projects on the website regulation.gov.ru in the information and telecommunications network "Internet", created to post information on the preparation of draft regulatory legal acts by federal executive authorities and the results of their public discussion, indicating the start and end dates for the acceptance of conclusions based on the results of an independent anti-corruption expertise.
(Paragraph as amended by the Decree of the Government of the Russian Federation of January 30, 2015 N 83, entered into force on July 1, 2015.

Draft federal laws, draft decrees of the President of the Russian Federation, draft resolutions of the Government of the Russian Federation are posted on the regulation.gov.ru website in the Internet information and telecommunications network for at least 7 days.
Resolution of the Government of the Russian Federation of July 18, 2015 N 732)

In the event that draft federal laws, draft decrees of the President of the Russian Federation and draft resolutions of the Government of the Russian Federation regulate the relations provided for by clause 60_1 of the Government Regulations approved by the Government of the Russian Federation of December 17, 2012 N 1318 "On the procedure for conducting regulatory impact assessments by federal executive authorities draft regulatory legal acts and draft decisions of the Council of the Eurasian Economic Commission, as well as amendments to some acts of the Government of the Russian Federation. "
Decree of the Government of the Russian Federation of January 30, 2015 N 83 by Decree of the Government of the Russian Federation of July 10, 2017 N 813.

If, in relation to draft federal laws, draft decrees of the President of the Russian Federation, draft resolutions of the Government of the Russian Federation, it is necessary to carry out the procedure for disclosing information in the manner established by the resolution of the Government of the Russian Federation of August 25, 2012 N 851 "On the procedure for disclosing by federal executive bodies information on the preparation of draft normative legal acts and the results of their public discussion ", conclusions based on the results of an independent anti-corruption expertise are sent within the framework of a public discussion held in accordance with the Rules for Disclosing Information on the Preparation of Draft Normative Legal Acts and the Results of Their Public Discussion by Federal Executive Bodies, Clause 11 of the specified Rules.
(The paragraph is additionally included from July 1, 2015 by the decree of the Government of the Russian Federation of January 30, 2015 N 83)

At the same time, re-posting of draft federal laws, draft decrees of the President of the Russian Federation, draft resolutions of the Government of the Russian Federation on the regulation.gov.ru website in the information and telecommunications network "Internet" in the manner prescribed by paragraphs one and two of this clause is required only in the event of a change their revisions based on the results of public consultations or public discussion.
(The paragraph is additionally included from August 1, 2015 by the decree of the Government of the Russian Federation of July 18, 2015 N 732)
(Clause as amended by Decree of the Government of the Russian Federation of March 27, 2013 N 274; as amended on April 15, 2013 by Decree of the Government of the Russian Federation of December 18, 2012 N 1334.

6. In order to ensure the possibility of conducting an independent anti-corruption expertise of draft regulatory legal acts of federal executive bodies, other state bodies and organizations affecting the rights, freedoms and duties of a person and citizen, establishing the legal status of organizations or having an interdepartmental nature, federal executive bodies, other state bodies and organizations - developers of drafts of normative legal acts during the working day corresponding to the day of sending these projects for consideration to the legal service of federal executive bodies, other state bodies and organizations, post these projects on the regulation.gov.ru website in the information and telecommunication the Internet, indicating the start and end dates for the acceptance of conclusions based on the results of an independent anti-corruption expertise.

Drafts of the specified regulatory legal acts of federal executive bodies, other state bodies and organizations are posted on the regulation.gov.ru website in the Internet information and telecommunications network for at least 7 days.
(The paragraph is additionally included from August 1, 2015 by the decree of the Government of the Russian Federation of July 18, 2015 N 732)

If the drafts of normative legal acts of federal executive bodies regulate the relations provided for by paragraph 3_1 of the Rules for the preparation of normative legal acts of federal executive bodies and their state registration, approved by Decree of the Government of the Russian Federation of August 13, 1997 N 1009 acts of federal executive bodies and their state registration ", conclusions based on the results of an independent anti-corruption expertise are sent within the framework of public consultations conducted in the manner prescribed by the Rules for assessing the regulatory impact of draft regulatory legal acts and draft decisions of the Council of the Eurasian Economic Commission by federal executive bodies.
(The paragraph was additionally included from July 1, 2015 by the Decree of the Government of the Russian Federation of January 30, 2015 N 83; as amended, entered into force on July 22, 2017 by the Decree of the Government of the Russian Federation of July 10, 2017 N 813.

If, in relation to draft regulatory legal acts of federal executive bodies, it is necessary to conduct an information disclosure procedure, stipulated by the Rules disclosure by federal executive bodies of information on the preparation of draft normative legal acts and the results of their public discussion, conclusions based on the results of an independent anti-corruption expertise are sent within the framework of a public discussion held in accordance with the Rules for the disclosure by federal executive bodies of information on the preparation of draft normative legal acts and their results public discussion, except for the cases established by paragraph 11 of these Rules.
(The paragraph is additionally included from July 1, 2015 by the decree of the Government of the Russian Federation of January 30, 2015 N 83)

At the same time, the re-posting of these draft regulatory legal acts on the regulation.gov.ru website in the information and telecommunications network "Internet" in the manner prescribed by paragraphs one and two of this clause is required only in case of a change in their edition following public consultations or public discussion.
(The paragraph is additionally included from August 1, 2015 by the decree of the Government of the Russian Federation of July 18, 2015 N 732)
(Clause as amended by the Decree of the Government of the Russian Federation of December 18, 2012 N 1334)

7. The results of an independent anti-corruption expertise are reflected in the conclusion in the form approved by the Ministry of Justice of the Russian Federation.

7_1. Legal entities and individuals accredited by the Ministry of Justice of the Russian Federation as experts in conducting an independent anti-corruption examination of regulatory legal acts and draft regulatory legal acts shall send on paper and (or) in the form of an electronic document:

a) conclusions based on the results of an independent anti-corruption expertise:

draft federal laws, draft decrees of the President of the Russian Federation and draft resolutions of the Government of the Russian Federation - to federal executive bodies, other state bodies and organizations that are the developers of the relevant projects;

regulatory legal acts of federal executive bodies, other state bodies and organizations affecting the rights, freedoms and duties of a person and citizen, establishing the legal status of organizations or having an interdepartmental nature, regulatory legal acts of the constituent entities of the Russian Federation, charters of municipalities and municipal legal acts on amendments to the charters of municipalities, as well as drafts of the said normative legal acts - to federal executive bodies, state authorities of the constituent entities of the Russian Federation, other state bodies, local self-government bodies and organizations that are the developers of the relevant documents;

b) copies of conclusions based on the results of an independent anti-corruption expertise:

draft federal laws, draft decrees of the President of the Russian Federation, draft resolutions of the Government of the Russian Federation to be submitted to the Government of the Russian Federation, regulatory legal acts of federal executive bodies, other state bodies and organizations affecting the rights, freedoms and duties of a person and citizen, establishing legal status organizations or those of an interdepartmental nature, and their projects - to the Ministry of Justice of the Russian Federation;

normative legal acts of the constituent entities of the Russian Federation, charters of municipal formations and municipal legal acts on amendments to the charters of municipal formations, draft normative legal acts of the constituent entities of the Russian Federation, draft charters of municipal formations and municipal legal acts on amendments to the charters of municipal formations - in the corresponding territorial bodies Ministry of Justice of the Russian Federation.
(Clause 7_1 is additionally included from April 9, 2013 by the Decree of the Government of the Russian Federation of March 27, 2013 N 274)

7_2. Federal executive bodies, other state bodies and organizations, whose regulatory legal acts are subject to state registration, post information on e-mail addresses intended for obtaining conclusions based on the results of an independent anti-corruption expertise in the form of an electronic document on their official websites in the information and telecommunication network " Internet "and within 7 days inform the Ministry of Justice of the Russian Federation about it. Wherein federal body executive power, other state body and organization shall indicate one e-mail address intended for obtaining conclusions based on the results of an independent anti-corruption expertise in the form of an electronic document.

In the event of a change in the e-mail address intended for obtaining conclusions based on the results of an independent anti-corruption examination in the form of an electronic document, the federal executive body, another state body and organization, the regulatory legal acts of which are subject to state registration, no later than the next day after its change, post information on a new e-mail address on its official website in the information and telecommunications network "Internet" and within 7 days from the date of change of the e-mail address informs the Ministry of Justice of the Russian Federation.
(The item was additionally included from April 9, 2013 by the decree of the Government of the Russian Federation of March 27, 2013 N 274)

7_3. Conclusions based on the results of an independent anti-corruption expertise received by the federal executive body, the normative legal acts of which are subject to state registration, are registered in the prescribed manner with the federal executive body.

The conclusion based on the results of the independent anti-corruption expertise is recommendatory in nature and is subject to mandatory review by the body, organization or official to whom it was sent within 30 days from the date of its receipt. Based on the results of the consideration, a motivated response is sent to a citizen or an organization that has conducted an independent anti-corruption expertise (except for cases where the conclusion does not contain information about identified corruption-generating factors, or proposals on a way to eliminate identified corruption-generating factors), which reflects the accounting of the results of an independent anti-corruption expertise and ( or) the reasons for disagreement with the corruption-generating factor identified in the regulatory legal act or draft regulatory legal act.
(The paragraph is additionally included from August 1, 2015 by the decree of the Government of the Russian Federation of July 18, 2015 N 732)
(The item was additionally included from April 9, 2013 by the decree of the Government of the Russian Federation of March 27, 2013 N 274)

7_4. If the received opinion based on the results of the independent anti-corruption expertise does not correspond to the form approved by the Ministry of Justice of the Russian Federation, the federal executive bodies, the normative legal acts of which are subject to state registration, return such a conclusion no later than 30 days after registration, indicating the reasons.
(The item was additionally included from April 9, 2013 by the decree of the Government of the Russian Federation of March 27, 2013 N 274)

8. Draft regulatory legal acts provided for in paragraph 5 of these Rules are submitted to the President of the Russian Federation and (or) to the Government of the Russian Federation with the attachment of the received conclusions based on the results of an independent anti-corruption examination, subject to the provisions of part 3 of Article 5 of the Federal Law "On anti-corruption examination of regulatory legal acts and draft normative legal acts ".
(Clause as amended, entered into force on April 9, 2013 by the Decree of the Government of the Russian Federation of March 27, 2013 N 274.

Methodology for conducting anti-corruption expertise of regulatory legal acts and draft regulatory legal acts

APPROVED BY
government decree
Russian Federation
dated February 26, 2010 N 96

1. This methodology is used to ensure that the prosecutor's office of the Russian Federation, federal executive authorities, bodies, organizations and their officials carry out anti-corruption expertise of regulatory legal acts and draft regulatory legal acts in order to identify corruption-generating factors in them and their subsequent elimination.

This methodology is guided by independent experts who have received accreditation to conduct anti-corruption expertise of regulatory legal acts and draft regulatory legal acts, while conducting an independent anti-corruption expert examination of regulatory legal acts and draft regulatory legal acts.

2. To ensure the validity, objectivity and verifiability of the results of the anti-corruption expert examination, it is necessary to conduct an expert examination of each norm of a regulatory legal act or provision of a draft regulatory legal act.

3. Corrupt factors that establish an unreasonably wide margin of appreciation for the law enforcement officer or the possibility of unreasonable application of exceptions to the general rules are:

a) the breadth of discretionary powers - the absence or uncertainty of the terms, conditions or grounds for making a decision, the presence of overlapping powers of state bodies, local self-government bodies or organizations (their officials);
Resolution of the Government of the Russian Federation of July 18, 2015 N 732.

b) determination of competence according to the formula "have the right" - a dispositive establishment of the possibility of government bodies, local self-government bodies or organizations (their officials) acting in relation to citizens and organizations;
(Subparagraph as amended, entered into force on August 1, 2015 by the Decree of the Government of the Russian Federation of July 18, 2015 N 732.

c) selective change in the scope of rights - the possibility of unjustified establishment of exceptions from the general procedure for citizens and organizations at the discretion of state bodies, local authorities or organizations (their officials);
(Subparagraph as amended, entered into force on August 1, 2015 by the Decree of the Government of the Russian Federation of July 18, 2015 N 732.

d) excessive freedom of subordinate rule-making - the presence of blanket and reference norms, leading to the adoption of subordinate legislation that invades the competence of a state body, local government body or organization that adopted the original regulatory legal act;
(Subparagraph as amended, entered into force on August 1, 2015 by the Decree of the Government of the Russian Federation of July 18, 2015 N 732.

e) adoption of a normative legal act outside the competence - violation of the competence of state bodies, local self-government bodies or organizations (their officials) when adopting normative legal acts;
(Subparagraph as amended, entered into force on August 1, 2015 by the Decree of the Government of the Russian Federation of July 18, 2015 N 732.

f) filling legislative gaps with the help of bylaws in the absence of a legislative delegation of the appropriate powers - the establishment of generally binding rules of conduct in a bylaw in the absence of a law;

g) the absence or incompleteness of administrative procedures - the absence of a procedure for the performance by state bodies, local self-government bodies or organizations (their officials) of certain actions or one of the elements of such an order;
(Subparagraph as amended, entered into force on August 1, 2015 by the Decree of the Government of the Russian Federation of July 18, 2015 N 732.

h) rejection of competitive (auction) procedures - consolidation of the administrative procedure for granting the right (benefit);

i) regulatory collisions - contradictions, including internal ones, between the norms, which create for state bodies, local self-government bodies or organizations (their officials) the possibility of an arbitrary choice of norms to be applied in a particular case.
(The subparagraph was additionally included from August 1, 2015 by the Decree of the Government of the Russian Federation of July 18, 2015 N 732)

4. Corrupt factors containing uncertain, difficult to fulfill and (or) burdensome requirements for citizens and organizations are:

a) the presence of overstated requirements for a person to exercise the right belonging to him - the establishment of vague, difficult to fulfill and burdensome requirements for citizens and organizations;

b) abuse of the applicant's right by state bodies, local self-government bodies or organizations (their officials) - lack of clear regulation of the rights of citizens and organizations;
(Subparagraph as amended, entered into force on August 1, 2015 by the Decree of the Government of the Russian Federation of July 18, 2015 N 732.

c) legal and linguistic uncertainty - the use of unsettled, ambiguous terms and categories of an evaluative nature.

Document revision taking into account
changes and additions prepared
CJSC "Codex"

The circle of subjects conducting anti-corruption expertise of regulatory legal acts and their projects is quite wide. According to Part 1 of Art. 3 of the Federal Law "On anti-corruption expertise of regulatory legal acts and draft regulatory legal acts" such an examination is carried out:

• - the prosecutor's office of the Russian Federation;

This list of subjects is not exhaustive. In Art. 5

of the specified Law, another category of subjects of anti-corruption expertise is given - institutions of civil society and citizens who can conduct an independent anti-corruption expertise of regulatory legal acts and their projects. However, it follows from the same article that the person conducting the anti-corruption expertise must be accredited in the manner established by the federal executive body in the field of justice.

Expertise by the first category of subjects (the RF Prosecutor's Office, federal executive bodies in the field of justice and bodies, organizations and their officials) is mandatory. The production of independent anti-corruption expertise is not mandatory, it is carried out on the initiative of an independent accredited expert.

Thus, the subjects of anti-corruption expertise of regulatory legal acts and their drafts are:

• - the prosecutor;
• - The General Prosecutor's Office of Russia;
• - Ministry of Justice of Russia;
• - legal services bodies of state power and bodies of local self-government, their officials;
• - independent experts.

Let's consider each of these categories of subjects in more detail.

Prosecutor's Office of the Russian Federation according to Part 2 of Art. 3 of the Federal Law "On anti-corruption expertise of regulatory legal acts and draft regulatory legal acts" conducts anti-corruption expertise of regulatory legal acts of bodies, organizations, their officials on issues related to:

• - rights, freedoms and duties of a person and a citizen;
• - state and municipal property, state and municipal service, budget, tax, customs, forest, water, land, urban planning, environmental legislation, licensing legislation, as well as legislation regulating the activities of state corporations, foundations and other organizations created by the Russian Federation for on the basis of federal law;
• - social guarantees to persons replacing (replacing) state or municipal positions, positions of state or municipal service.

Proceeding from this, the object of anti-corruption expertise carried out by the prosecutor's office is normative legal acts and their drafts concerning the issues listed in the above norm. In other cases, the conduct of anti-corruption expertise by the prosecutor's office is optional. In cases of non-obligatory expert examination based on its results, the prosecutor's office sends information to the authorities that adopted acts containing corruption-related factors, and in case of inconsistency of the acts analyzed by them with federal legislation, brings protests.

Legal basis for the production of anti-corruption expertise by the prosecutor's office are the provisions enshrined in the Federal Law "On anti-corruption expertise of regulatory legal acts and draft regulatory legal acts", Art. 9 of the Federal Law "On the Prosecutor's Office of the Russian Federation", by order of the General Prosecutor's Office of the Russian Federation dated December 28, 2009 No. 400 "On the organization of anti-corruption expertise of regulatory legal acts", the Methodology approved by Resolution No. 96.

If necessary, if the special knowledge of an employee of the prosecutor's office is not enough, the person conducting the anti-corruption examination of a regulatory legal act or its draft may involve linguists, economists or specialists with other special knowledge. The experts involved on the basis of the instructions of the prosecutor's office prepare a conclusion based on the results of the study.

Bodies of the prosecutor's office, in addition to conducting their own anti-corruption expertise, check the implementation of the legislation on the organization of such expertise by law-making bodies. The purpose of the checks is the presence (absence) administrative documents on the organization of anti-corruption expertise, monitoring the application of the adopted regulatory legal acts, as well as a number of other circumstances that are important for identifying corruption-generating factors and violations of anti-corruption legislation.

Federal executive body in the field of justice conducts anti-corruption expertise:

• - draft federal laws, draft decrees of the President of the Russian Federation and draft decrees of the Government of the Russian Federation, developed by federal executive bodies, other state bodies and organizations, - during their legal examination;
• - draft concepts and technical specifications for the development of draft federal laws, draft amendments of the Government of the Russian Federation to draft federal laws prepared by federal executive bodies, other state bodies and organizations, - during their legal examination;
• - regulatory legal acts of federal executive bodies, other state bodies and organizations affecting the rights, freedoms and duties of a person and a citizen, establishing the legal status of organizations or having an interdepartmental nature, as well as charters of municipalities and municipal legal acts on amendments to the charters of municipalities - upon their state registration;
• - regulatory legal acts of the constituent entities of the Federation - when monitoring their application and when entering information into the federal register of regulatory legal acts of the constituent entities of the Federation.

The federal executive body in the field of justice conducts anti-corruption expertise in accordance with the following regulatory legal acts:

• - The Federal Law "On Anti-Corruption Expertise of Regulatory Legal Acts and Draft Regulatory Legal Acts";
• - Rules approved by Resolution No. 96 ";
• - The methodology approved by Resolution No. 96;
• - Regulations of the Ministry of Justice of the Russian Federation;
• - by order of the Ministry of Justice of Russia dated September 8, 2011 No. 310 "On the organization of work to conduct anti-corruption expertise of regulatory legal acts, draft regulatory legal acts and other documents structural divisions Ministry of Justice of Russia ".

The organization of work on conducting anti-corruption expertise of regulatory legal acts of the constituent entities of the Federation and charters of municipalities is entrusted to the territorial bodies of the Ministry of Justice of Russia and is carried out in accordance with the order of the Ministry of Justice of Russia dated April 1, 2010 No. 77 Federation and charters of municipalities ”.

Bodies, organizations, their officials carry out anti-corruption expertise only in relation to the normative legal acts adopted by them and their drafts. Anti-corruption expertise of normative legal acts is carried out by the law-making body during their legal expertise and monitoring of their application in relation to all their own normative legal acts (and their drafts). It is this provision that determines the opinion of a number of scientists that anti-corruption expertise is a kind of legal expertise. Based on this, anti-corruption expertise can only be carried out by bodies, organizations and officials, empowered on the adoption of regulatory legal acts, - federal bodies of state power and administration (for example, various ministries and departments), public authorities of the constituent entities of the Federation (for example, structural divisions of the government of a constituent entity), local government bodies, as well as officials of the above bodies.

Law-making bodies carry out anti-corruption expertise in accordance with the Federal Law "On Anti-Corruption Expertise of Normative Legal Acts and Draft Normative Legal Acts" in the manner prescribed by the normative legal acts of the relevant federal executive bodies, other state bodies and organizations, state authorities of the constituent entities of the Federation, local authorities self-government, and in accordance with the Methodology approved by Resolution No. 96.

From this provision there are a few exceptions. First, anti-corruption expertise of regulatory legal acts adopted by reorganized and (or) abolished bodies, organizations is carried out by bodies, organizations to which the powers of the reorganized and (or) abolished bodies, organizations have been transferred, while monitoring the application of these regulatory legal acts. Secondly, this rule is consistent with Part 1 of Art. 48 of the Federal Law of October 6, 2003 No. 131-FZ "On general principles organization of local self-government in the Russian Federation ”. In accordance with this Law, the powers to cancel, suspend or change a municipal legal act can be exercised not only by bodies and officials of local self-government that have adopted the relevant legal act, but also in the event of the abolition of such bodies or relevant positions or changes in the list of powers of these bodies or officials. also other local self-government bodies or local self-government officials, whose powers at the time of cancellation or suspension of the municipal legal act include the adoption (publication) of the corresponding municipal legal act. Thirdly, anti-corruption expertise of regulatory legal acts adopted by reorganized and (or) abolished bodies, organizations, whose powers were not transferred during reorganization and (or) abolition, is carried out by a body whose competence includes the implementation of the function of developing state policy and regulatory legal regulation in the relevant field of activity, while monitoring the application of these regulatory legal acts.

In the event that reorganized and (or) abolished bodies, organizations of corruption-generating factors are identified in regulatory legal acts, bodies, organizations to whom the powers of the reorganized and (or) abolished bodies, organizations are transferred, or a body whose competence includes the implementation of the function of developing state policy and regulatory - legal regulation in the relevant field of activity, make a decision on the development of a draft regulatory legal act aimed at excluding reorganized and (or) abolished bodies from the regulatory legal act, organizing corruption-generating factors.

If the corruption factors found in regulatory legal acts cannot be eliminated by bodies, organizations, officials, since they are not within their competence, they must inform the prosecutor's office about the identified corruption-generating factors.

Institute independent anti-corruption expertise form the norms of federal laws "On combating corruption" (Art. 6) and "On anti-corruption expertise of regulatory legal acts and draft regulatory legal acts" (Art. 5), as well as a number of regulations of the Government of the Russian Federation, acts of federal executive bodies, laws and bylaws of the constituent entities of the Federation.

The rules approved by Resolution No. 96 stipulate that an independent anti-corruption examination is carried out by legal entities and individuals accredited by the Ministry of Justice of Russia as independent experts in anti-corruption examination of regulatory legal acts and their drafts.

At present, the procedure for accrediting independent experts is determined by the Administrative Regulations of the Ministry of Justice of the Russian Federation for the provision of public service for the implementation of accreditation of legal entities and individuals who have expressed a desire to obtain accreditation to conduct, as independent experts, anti-corruption expertise of regulatory legal acts and draft regulatory legal acts in cases, provided by law Of the Russian Federation, approved by order of the Ministry of Justice of Russia dated July 27, 2012 No. 146 (hereinafter referred to as the Administrative Regulations).

The previously valid Regulations on the Accreditation of Legal Entities and Individuals as Independent Experts Authorized to Examine Draft Normative Legal Acts and Other Documents for Corruption, approved by Order No. 92 of the Ministry of Justice of Russia dated March 31, 2009, has expired.

According to clause 1 of the Administrative Regulations, it determines the timing and sequence of administrative procedures (actions) for the accreditation of legal entities and individuals who have expressed a desire to receive accreditation to conduct, as independent experts, anti-corruption expertise of regulatory legal acts and their projects in cases stipulated by the legislation of the Russian Federation (hereinafter - accreditation), the procedure for refusing accreditation, suspending and canceling accreditation, and also determines the conditions for accreditation and the procedure for interaction between the structural divisions of the Ministry of Justice of Russia, its officials, interaction of the Ministry of Justice of Russia with applicants in the provision of public services.

Clause 2 of the Administrative Regulations establishes mandatory requirements for persons wishing to obtain accreditation. The applicant can be:

• 1) a citizen of the Russian Federation with a higher professional education and work experience in the specialty for at least five years;
• 2) a legal entity that has at least three employees in its staff who meet the requirements established by sub. 1 of this paragraph.

The administrative regulations contain an exhaustive list of documents required for accreditation, as well as the method and procedure for submitting them to the Ministry of Justice of Russia for both individuals and legal entities. Information on accreditation is posted on the website: http://www.minjust.ru.

At the same time, A.V. Kudashkin, as an independent subject of anti-corruption expertise, distinguishes non-accredited civil society institutions (public organizations and associations) and citizens that have not received the official status of independent experts. The author notes: “The difference between the status of civil society and citizens as subjects of anti-corruption expertise from the status of independent experts is that the conclusions of the former should not be necessarily considered by the developers of regulatory legal acts; conclusion" .

From our point of view, based on the analysis of the norms of modern Russian legislation in the field of anti-corruption expertise, the representation of this category of citizens as subjects of anti-corruption expertise is a controversial issue. There is a position that citizens or public organizations and associations not accredited as independent experts have the right to state their comments on the draft normative legal act, to assess it at the stage of public discussion, however, they are not subjects of anti-corruption expertise.

It should be noted that the name of the group of persons conducting anti-corruption expertise on a voluntary basis, as independent experts, is not entirely successful, since it gives reason to believe that other experts are dependent. Although from the interpretation of the provisions of the law it becomes obvious: the independence of experts is understood as the absence of any relation to a regulatory legal act or its draft, which is the object of the examination, or to the body that adopted such a regulatory legal act (draft). Thus, persons who participated in the development or adoption of a draft normative legal act cannot act as independent experts.

Any examination must be objective and independent. In this regard, one can agree with the proposal to rename the independent anti-corruption expertise, calling it differently, for example, public.

These are the groups of subjects conducting anti-corruption expertise of regulatory legal acts and their projects.

Consider the requirements for an expert and his level of competence, using for this the provisions of the theory forensic examination.

Competence an expert (from the Latin "competo" - to match, to be suitable) can be considered in two aspects. Firstly, it is the terms of reference, rights and obligations defined procedural codes and the RF Code of administrative offenses... Secondly, a complex of knowledge in the field of theory, methodology and practice of forensic examination of a certain kind, type.

Distinguish objective competence, that is, the amount of knowledge that an expert should possess, and subjective - the degree to which a particular expert has this knowledge. Subjective competence is often referred to as competence an expert. It is determined by his educational level, special expert training, experience of expert work, experience in solving similar expert problems, and individual abilities.

We believe that the issue of the competence of the anti-corruption expertise of regulatory legal acts and their drafts is clearly insufficient. Speaking about the competence of an expert conducting such an examination, it should be noted: for the production of this type of research, in our opinion, the following special knowledge is required:

• - in jurisprudence;
• - in legal linguistics;
• - in the area of regulated relationships.

Currently, as indicated above, in accordance with Art. 3 of the Federal Law "On anti-corruption expertise of regulatory legal acts and draft regulatory legal acts", anti-corruption expertise of regulatory legal acts (their drafts) is carried out:

• - the prosecutor's office of the Russian Federation;
• - the federal executive body in the field of justice;
• - bodies, organizations, their officials.

Thus, anti-corruption expertise is still being carried out by lawyers who, as a rule, do not have expert training. Moreover, according to Administrative Regulations, which determines the procedure for obtaining accreditation, refusal of accreditation and its cancellation, in order to obtain accreditation, a legal entity submits to the Ministry of Justice of Russia:

• - application for accreditation;
• - a certified copy of the certificate of state registration legal entity;
• - a copy of a government-issued document confirming the availability of an employee's academic degree that meets the conditions for accreditation as an independent expert - natural person(in the presence of);
• - certified copies of state documents on higher professional education of the specified employees of the organization;
• - certified copies work books specified employees of the organization;
• - certified copies of documents proving the identity of the specified employees of the organization;
• - a statement of consent of an employee of a legal entity who has expressed a desire to receive accreditation to conduct anti-corruption expertise of regulatory legal acts and their projects as an independent expert, to process his personal data and enter this data into State Register independent experts posted on the official website of the Ministry of Justice of Russia.

An individual provides the same documents. Based on this list, it becomes obvious that rather soft requirements are imposed on an expert in the field of anti-corruption expertise: it is enough to have higher education and work in this area.

Practice shows: when examinations for corruption of normative acts are carried out In a similar way, success is not always achieved and quite a lot of mistakes are made. The reason here is often not the incompetence of lawyers, not that they did not use some kind of reference literature. It is as follows: to answer the questions that arise, it is not enough to find the right normative act and study it; in many cases it is necessary to carry out research based on specialized knowledge, i.e. use the approaches developed in general theory expertise, master the technologies of expert research, have specific expert training. Not every person can be an expert and successfully carry out research activities in this direction. Practical research and intellectual activity an expert in the process of producing a forensic or non-forensic examination requires the expert to have visual-figurative, developed expert thinking, the ability to cover the available information in a single whole, transform and systematize knowledge, mentally simulate the research process, predict circumstances that will take place in the future, and all this is in accordance with the norms current legislation... Thus, an expert, in addition to special knowledge and the ability to apply them in practice, must have heuristic, logical and critical thinking.

To resolve examination issues, it is necessary to apply a number of specific scientific methods, such as, for example, modeling, logical-semantic and logical-structural methods of analysis, structural-functional analysis, the method of comparative legal analysis, specific sociological methods, situational analysis; method of expert forecasting, method of expert assessments, etc. Without special training it is impossible to master these methods in full.

If an expert only has a philological education, it is impossible to imagine a successful anti-corruption examination of regulatory legal acts and their projects without systemic knowledge in the field of jurisprudence. Analysis of the text of a normative legal act in isolation from the relations regulated by it will be useless and doomed to failure in advance. Similar examples are demonstrated by the practice of conducting forensic examinations, when an expert, with only basic education and without knowledge of the provisions of the theory of forensic examination, submits to the court an opinion, which is inadmissible evidence in accordance with the requirements procedural law... But, in addition to investing in research in required form, it is necessary to fully consistently conduct such a study. Here, the decisive factor is the availability of special knowledge, the sufficiency of which will allow successfully solving the assigned tasks.

In other words, anti-corruption expertise should be carried out by experts competent in the field of jurisprudence, legal linguistics and branches of knowledge corresponding to the subject of legal regulation of a regulatory legal act, as well as related fields. However, the requirements that the Russian Ministry of Justice imposes on candidates for accreditation as independent experts, firstly, are underestimated, and secondly, they are formulated incompletely and vaguely (from the point of view of ensuring the necessary competence).

The question arises: who can now competently carry out such examinations? The unity of the integrated nature of all types of forensic examinations made it possible to create the prerequisites for the development of a unified approach to the preparation forensic experts different specializations within the framework of university education. For this purpose, the Federal State Educational Standard for Higher vocational education in the direction of training (specialty) 031003 "Forensic examination", which provides for a unified approach to the studied general professional disciplines and a differentiated definition of disciplines of specialization depending on the types of forensic examinations.

The curriculum, in addition to the disciplines of the traditional legal cycle, provides for the study of the theory of forensic examination, expert technologies, the basics of forensic, computer-technical and authorship examinations, expertise oral speech(phonoscopic), technical expertise documents, forensic speech, linguistic conflictology and many others. Students also master modern computerized acceptance support tools expert solutions... An integral part of the training of qualified specialists - forensic experts is also compulsory practical training under the guidance of leading expert practitioners.

Legal and linguistic expertise of normative acts and their projects, which is based on a new branch of knowledge - legal linguistics, is already actively developing. The training of specialists in the field of legal linguistics has been carried out for more than seven years at the Moscow State Law University. O. E. Kutafina (Moscow State Law Academy) in the framework of the master's program.

Legal and economic expertise as a type of anti-corruption expertise is just emerging, but it can also rely on the development of judicial economic expertise, and their training can take place on the basis of the master's program in forensic financial and economic expertise, implemented at the Moscow State Law University. O. E. Kutafina (Moscow State Law Academy).

However, the most complete training of experts in anti-corruption expertise, capable of carrying out a comprehensive legal-linguistic and legal-economic analysis, can be achieved through the implementation of a specialized master's program for the training of lawyers, the development of which is currently being carried out within the framework of the relevant research and development work in the named university.

The most suitable for the production of anti-corruption expertise of regulatory legal acts and their projects is the specialization "forensic speech expertise". Graduates have complex legal and linguistic knowledge and skills in the production of examinations, the object of which is the word: sounding, printed or written, displayed on any medium and disseminated in any way, including mass communication on the Internet. They can, even at the stage of reading the manuscript, carry out expert-linguistic and legal monitoring of texts, that is, engage in expert prevention, thereby reducing the possibility of risks of corruption of regulations.

Thus, graduates of the Forensic Science Institute of the Moscow State law university them. O. E. Kutafina (Moscow State Law Academy) have practically all the necessary special knowledge, skills and abilities, and after a short internship, they may well carry out anti-corruption examinations of legal acts and their projects, as well as develop specific methods for expert research of these objects.

Consequently, experts of double - legal and linguistic - competence meet the requirements of competence most fully. It seems that the fact that an expert only has a basic philological education will not allow him to fully conduct a study of a normative legal act or its draft in order to identify corruption-generating factors in it.

One cannot but agree with N.F.Bodrov, who, referring to the developed provisions of the theory of forensic examination, notes: by no means every person can be an expert and successfully carry out research activities in this direction. Practical research and intellectual activity of an expert in the process of producing a forensic or non-forensic examination requires from him visual-figurative, developed expert thinking, the ability to cover the available information in a single whole, transform and systematize knowledge, mentally simulate the research process, predict the circumstances that will take place in future, and all this in accordance with the current legislation. All this means that an expert, in addition to special knowledge and the ability to apply it in practice, must have heuristic, logical and critical thinking.

The need to train experts performing anti-corruption expertise has been repeatedly mentioned in the literature. For example, T. Ya. training program"Corruption: causes, manifestations, counteraction."

Many years of experience in the training of forensic experts at the Ministry of Justice, the Ministry of Internal Affairs of Russia and other departments shows that a unified training program, as well as a unified examination methodology, is only the first step. It is necessary to develop a series of special programs for training and advanced training of experts in anti-corruption expertise, taking into account the nature of special knowledge - the type of anti-corruption expertise. The classification of these examinations is becoming an urgent task.

See: Resolution of the Government of the Russian Federation of February 20, 2010 No. 72 "On Amendments to Certain Acts of the Government of the Russian Federation in Connection with the Adoption of the Federal Law" On Anti-Corruption Expertise of Regulatory Legal Acts and Draft Regulatory Legal Acts "// SZ RF. 2010. No. 9. Art. 964. Russian newspaper... 2012.29 aug. See: Bodrov N.F. Decree. op.

See: T. Ya. Khabrieva, Decree. op.