Constitutional-legal features of participation of the civil society institutions in independent anti-corruption expertise: main problems and trends of development

Abstract

Objective : to determine the complex of legal and social-organizational measures aimed at increasing the efficiency of the anticorruption expertise institution. Methods : the main research methods are general scientific methods of cognition: analysis, synthesis, comparison, and the specific legal methods of cognition based on them: formal-legal and comparative-legal. Results : based on the information placed in the official website of the Ministry of Justice of the Russian Federation, a systemic analysis was carried out of the participation of the civil society institutions in independent anticorruption expertise (it was determined that 24.8 % independent anticorruption experts (from physical persons accredited as independent experts) do not possess special legal knowledge). We revealed the main causes of the decrease of “anticorruption activity” of independent experts and formulated the legal and social-organizational measures aimed at developing this institution. The research proposes: a) to complement Federal Law no. 172-FZ with the norms specifying qualification requirements, stipulating examinations when accrediting independent anticorruption experts, and regulating the reimbursement order of rendering services of independent anticorruption expertise in relation to certain drafts of normative-legal acts; b) to regulate in federal laws the provisions on carrying out a mandatory anticorruption expertise in relation to drafts of normative-legal acts in the relevant sphere of legal regulation; c) for the Ministry of Justice of the Russian Federation to develop the order of carrying out examinations before accreditation and a standard ruling to regulate the functioning of the respective regional examination commissions. As a juridical experiment, in a number of regions it is proposed to provide, based on the ranking of independent anticorruption experts, competition procedures for signing non-gratuitous contract on rendering services of independent anticorruption expertise. Scientific novelty : for first time, it is proposed to legislatively define the normative-legal acts, in relation to which a mandatory independent anticorruption expertise must be performed, and to apply competition techniques of involving independent anticorruption experts to carrying out this expertise. Practical significance : the main provisions and conclusions of the article can be used in law-making activity of public authorities for improving the legal regulation of the independent anticorruption expertise institution, as well as in scientific and pedagogical activity when considering the issues related to the participation of civil society institutions in state and municipal governance.