The Retrospective and Perspective of Understanding the Object and Subject of Anti-Corruption Expertise

Abstract

Anti-corruption expertise of regulatory legal acts and their drafts plays an important role in the anti-corruption system, as it allows to assess and reduce the corruption potential of regulatory defects and thereby prevent the emergence and development of corruption relations in the process of law enforcement. The doctrinal approaches presented today in the specialized literature applied to interpret the object and subject of anti-corruption expertise do not reveal the entire cognitive potential of these categories, since they do not take into account the influence of external functional links of the normative content of legal acts on the processes of determining the corrupt behavior of officials, and also do not orient practitioners to find the most effective ways to eliminate the identified corruption-causing factors. As a result of the analysis, the author comes to the conclusion that the traditional understanding of normative legal acts and their drafts as an object of anti—corruption expertise, and corruption-causing factors as its subject, can be taken as a basis and detailed taking into account the perspective tasks of state policy in the field of combating corruption. Based on philosophical and theoretical-legal views regarding the categories of «object» and «subject» of the study, taking into account the provisions of the current anti-corruption legislation, the author provides definitions of the object and subject of anti-corruption expertise of regulatory legal acts and draft regulatory legal acts. In addition, the paper outlines some promising directions for the development of scientific knowledge of the legal nature of this anti-corruption tool and its functional purpose in the anti-corruption system.