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75
The stepwise algorithm of anti-corruption expertise for analysts not having special training and skills
DO/: http://dx.doi.org/10.14420/en.2015.1.8
Svetlana Boshno, Doctor of Legal Sciences, Professor, Head of Chair of Study of State, Institute of Public Service and Management, Russian Academy of Public Service under the President of the Russian Federation, e-mail: [email protected].
The Federal Law «On anti-corruption expertise of normative and legal acts and drafts of normative and legal acts» was adopted in 2008. According to it, the law-making bodies are required to provide the expertise to identify and eliminate corruption-genetic factors. In accordance with the legislation, different actors may carry out anticorruption expertise: public authorities and local government bodies, boards of prosecution and justice, independent experts. Qualification of experts may greatly differ. This algorithm designed for persons who do not have legal training and carry out a preliminary analysis of the legal texts. The proposed actions will help identify defects such as an output beyond the powers of law-making body, the publication by a person without authority, improper form, and violation in the signing and publication of normative legal acts. The algorithm tested repeatedly in refresher courses of government agencies, including the Office of the Presidential Administration of the Russian Federation, the State Duma of the Federal Assembly of the Russian Federation, the Central Apparatus of the Ministry of Justice of the Russian Federation, the law enforcement agencies. anti-corruption expertise, regulations, draft regulations, anticorruption, examination regulations, legal expertise, incremental algorithm, law-making, the legislative process.
1. To investigate the object of examination (hereinafter - the Object) read and understand the structure (chapters, sections, paragraphs, articles)
2. Set the authority that issued the Object.
3. Determine the date of publication of the Object.
4. Determine whether the Object published.
5. Determine the subject of legal regulation of the Object, i.e. relations that it regulates.
6. To establish whom the Object meant, who should carry it out.
7. Determine the form of the document (law, decree, statement, etc.).
8. Install, find and learn the basic provisions of the normative legal act setting up a body issued the object.
Recommendations:
9. Determine whether the subject of legal regulation of the Object relates to most corruption-genetic areas, such as:
Abstract.
Keywords:
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- The antitrust laws (broad powers of antitrust agencies in relation to a number of business entities).
- Tax legislation (excessive tax burden established by law, the imperfection of a taxpayer control procedures, and the procedure for bringing him to justice, contradictoriness of the tax law and the high dynamics of their change).
- Bankruptcy legislation (institutional conflict of functions of the regulatory body, inadequate bankruptcy procedures, extensive powers of the regulatory body).
- Legislation on advertising (the desire to overcome the excessive restrictions put on the business entity - an advertiser).
- Legislation on import and export operations (the desire to overcome the excessive demands of regulations).
- Customs legislation (imperfection of customs procedures and procedures for bringing offenders to justice, excessive customs duties).
- Legislation on foreign exchange control (the desire to overcome the excessive demands of regulations).
10. To determine whether an Object within the scope of regulation of relations between the government and the physical (legal) persons.
11. Write down all the powers of a public authority that deal with legal (natural) persons and may be associated with imposing upon them certain restrictions and requirements (control procedures, requirements to provide information, etc.).
12. Find out in the text of the Object such phrases as «has the right», «may», «at their discretion» and other indefinite description of the actions of law enforcement.
13. Find out in the text of the Object blanket norms, that is, the type of reference: «in accordance with the current legislation», «regulated by law», «established by a public authority», etc.
14. To establish whether an effective date of the Object set out.
15. Identify the presence (absence) of the rules of a temporary nature.
16. Determine the right of the authority to issue the act in this form.
17. To determine whether the established liability for violation of the powers specified in the object.
18. To analyze the object for consistency, coherence of presentation, compliance with the rules of the Russian language.
19. Investigate the requirement of public authority for clarity and enforceability.
20. Set the rules establishing an exception to the general rule, possibly with the wording «except».
21. Check for any relationship the Object extends; whether it has retroactive effect, which set with the words «subject to the relations appeared before the publication of this Act».
22. If the Object adjusts the distribution of funding, the government contractual work, is necessary to determine the presence (absence) of tender procedures to obtain them.
23. In the event of doubt as to your own conclusions, and if there is need to extend the analysis, it is necessary to require examination by trained specialists.
