Independent Anti-Corruption Expertise in the System of Russian Law

Abstract

The research covers a comprehensive analysis of the institute of independent anti-corruption expertise in the system of Russian law. The relevance of the topic is determined by the need to improve the forms of participation of citizens in the law-making activities of public authorities in order to prevent corruption. Anti–corruption expertise is one of the preventive mechanisms enshrined in the legislation of the Russian Federation to curb corruption and carried out into regulatory legal acts of state and local government bodies and their projects. An independent examination is carried out by citizens and legal entities accredited for this purpose by the Ministry of Justice of the Russian Federation, on their own initiative and at their own expense. The article analyzes regulatory legal acts (federal laws and by-laws of the President of the Russian Federation, the Government of the Russian Federation, federal ministries), which regulate the activities of independent experts authorized to conduct an examination of regulatory legal acts and draft regulatory legal acts on corruption. The study has singled out the problems that independent experts face when conducting an anti-corruption examination, identifying corruption-causing factors, preparing an opinion on the results of an independent anti-corruption examination, when interacting with public authorities in case of divergence of opinions on the presence of corruption-causing factors, and has proposed ways to solve them. First of all, the emphasis is put on the development of the conceptual apparatus, the methodology of anti-corruption expertise, which allows proficient and prompt identification of corruption-causing factors in regulations and their projects, as well as legislative control of situations are often encountered in practice and causing ambiguity.