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On Anti-Corruption Expertise Of Normative Legal Acts And Drafts Of Regulatory Legal Acts

Original Language Title: Об антикоррупционной экспертизе нормативных правовых актов и проектов нормативных правовых актов

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RUSSIAN FEDERATION FEDERAL LAW On the anti-corruption expertise of normative legal acts and draft regulations adopted by the State Duma on July 3, 2009 { \f29 Year } { \f29 } { \f29 } { \f29 } { \f29 } { \f29 Federation Council } { \f29 } { \f29 } { \f29 } { \f29 } { \f29 } { \f29} { \f29} { \f29} { \f29} { \f29} { \f29} { \f29} { \f29} { \f29} { \f29} title= " "> dated 21.11.2011. N 329-FZ; dated 21.10.2013 N 279-FZ) Article 1 1. This Federal Act sets out the legal and institutional framework for the anti-corruption examination of normative legal acts and draft regulatory legal acts in order to identify and subsequently eliminate corruption. 2. The provisions of regulatory legal acts (draft regulatory acts), which establish the wrongfully wide limits of discretion or the possibility of unjustified use of exceptions to the general public, are the causes of the corruption Rules, as well as provisions containing vague, difficult and (or) burdensome requirements for citizens and organizations, and thus creating conditions for the manifestation of corruption. Article 2 Basic principles of the organization of an anti-corruption study of regulatory legal acts (draft regulatory legal acts) are: 1) the obligation to conduct an anti-corruption evaluation of projects Normative legal acts; (2) assessing the normative legal act in relation to other normative legal acts; (3) soundness, objectivity and verifiability of the results of the regulatory review legal acts (draft regulatory legal acts); 4) competence of persons conducting an anti-corruption examination of normative legal acts (draft regulatory legal acts); 5) cooperation between federal executive authorities, other state bodies and organizations; OF THE PRESIDENT OF THE RUSSIAN FEDERATION normative legal acts (draft regulatory legal acts) . Article 3 1. Anti-corruption examination of normative legal acts (drafts of normative legal acts) is conducted by: 1) by the Prosecutor's Office of the Russian Federation-in accordance with this Federal Law and Federal Law "On the Prosecutor's Office of the Russian Federation", in the procedure established by the General Prosecutor's Office of the Russian Federation and in accordance with the procedure defined by the Government of the Russian Federation Federation; 2) by the federal executive The authorities in the field of justice-in accordance with this Federal Law, in accordance with the procedure defined by the Government of the Russian Federation; 3) by organs, organizations and their officials-according to the present Federal law, in accordance with the procedure established by the normative legal acts of the relevant federal executive authorities, other state bodies and organizations, bodies of state power of the constituent entities of the Russian Federation, of local self-government and in accordance with the methodology established by the Government of the Russian Federation. 2. Procurators, in the exercise of their powers, conduct an anti-corruption examination of the normative legal acts of the organs, organizations and their officials on matters relating to: 1) the rights, freedoms and duties of the person and the citizen; 2) State and municipal property, State and municipal services, fiscal, tax, customs, forestry, water, land, urban planning, environmental legislation, licensing legislation, and legislation governing the operation of the State corporations, foundations and other organizations established by the Russian Federation under federal law; 3) social guarantees for persons who substitute (covering) State or municipal posts, positions State or municipal service. 3. The federal executive body in the field of justice carries out an anti-corruption examination: 1) of the draft federal laws, the draft decrees of the President of the Russian Federation and the draft resolutions of the Government of the Russian Federation, drawn up by the federal executive authorities, other state bodies and organizations, in the conduct of their legal expertise; 2) of the draft amendments to the draft articles of the Government of the Russian Federation Federal laws prepared by the Federal the executive, other state bodies and organizations, -in their legal expertise; (Federal laws dated 21.11.2011 N 329-FZ; dated 21.10.2013. N 279-FZ ) 3) normative legal acts of the federal executive authorities, other public authorities and organizations affecting the rights, freedoms and duties of the individual and the citizen establishing legal status organizations or institutions of an interdepartmental nature, as well as the statutes of municipal entities and municipal legal acts to amend the statutes of municipal entities-in their State registration; 4) OF THE PRESIDENT OF THE RUSSIAN FEDERATION and in the Federal Register of normative legal acts of the constituent entities of the Russian Federation. (In the wording of Federal Law dated 21.11.2011. N329-FZ) 4. The bodies, organizations, their officials conduct an anti-corruption examination of the normative legal acts adopted by them (draft regulatory legal acts) in the conduct of their legal expertise and monitoring of their application. 5. Authorities, organizations, their officials in the event of the discovery of corruptigenic factors in the regulatory legal acts (drafts of normative legal acts) that do not fall within their competence, inform the authorities Public prosecution. 6. The anti-corruption examination of the normative legal acts adopted by the restructured and (or) abolished organs, organizations, bodies, organizations to which the powers of the restructured and (or) abolished organs and organizations are transferred, in the monitoring of the application of these normative legal acts. (Part of the addition is the Federal Law of December 21, 2011). N329-FZ) 7. Anti-corruption examination of regulatory legal acts adopted by reorganized and (or) abolished bodies, organizations whose powers in reorganization and (or) abolition have not been transferred, conducted by the body to which the competence relates The implementation of the State policy and regulatory function in the relevant sphere of activity in the monitoring of the application of these normative legal acts. (Part of the addition is the Federal Law of December 21, 2011). N329-FZ) 8. In the regulatory legal acts of the restructured and (or) disestablished bodies, organizations of corruptionists, organizations to which the powers of the restructured and (or) the abolished organs, organizations or bodies are transferred, The competence of which is to carry out the function of formulating public policy and regulatory regulation in the relevant sphere of activity, shall decide on the drafting of a normative legal act aimed at Exempting from the regulatory legal act of the restructured and (or) dissolved bodies, organizations of corruptionous factors. (Part of the addition is the Federal Law of December 21, 2011). N329-FZ) Article 4 1. The corruptigenic factors identified in the regulatory legal acts (drafts of normative legal acts) are: 1) in the request of the prosecutor to amend the normative legal act or to refer the prosecutor to the court in the manner provided for in the law. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The prosecutor's request for amendments to the normative legal act and the opinion should identify the corruptigenic factors identified in the normative legal act (draft legal act) and suggest ways to eliminate them. 3. The requirement of the prosecutor to amend the legal act shall be subject to mandatory review by the relevant authority, organization or official not later than within ten days from the date of receipt of the claim and shall be taken into account in the established procedure. by the organ, organization or official who issued the act in accordance with their competence. The prosecutor's request to amend the normative legal act, sent to the legislative (representative) body of the State authorities of the constituent entity of the Russian Federation or to a representative body of local self-government, shall be obligatory. The Conference of the States parties to the Convention on the Rights of the 4. The prosecutor's request for amendments to the legal act can be appealed in due course. 4-1. The conclusions drawn up by the anti-corruption expertise in the cases referred to in article 3, paragraph 3, paragraph 3, of this Federal Act are binding. In the determination of the corruptigenic factors in the normative legal acts of the federal executive authorities, other state bodies and organizations affecting the rights, freedoms and duties of the person and the citizen establishing the legal status The acts are not subject to State registration, as well as in the statutes of the municipalities and in the statutes of municipalities and municipal legal acts amending the statutes of the municipalities. (Part of the addition is the Federal Law of December 21, 2011). N329-FZ) 5. The conclusions drawn up by the anti-corruption expertise in the cases referred to in article 3, paragraphs 1, 2 and 4, of this Federal Act are of a recommendatory nature and are subject to compulsory consideration. by an authority, organization or official. (...) (...) N329-FZ) 6. The differences arising in the assessment of the factors mentioned in the conclusion of corruption are resolved in accordance with the procedure established by the Government of the Russian Federation. (In the wording of the Federal Law dated 21.11.2011. N329-FZ) Article 5 1. Civil society institutions and citizens may, through their own means, carry out an independent anti-corruption examination of regulatory legal acts (drafts) in accordance with the regulatory legal acts of the Russian Federation. (...) (...) The procedure and conditions for the accreditation of experts for carrying out an independent anti-corruption examination of regulatory legal acts (draft regulatory legal acts) are established by the federal executive authority in the field of justice. (...) (...) N329-FZ) 2. In conclusion, independent anti-corruption expertise should identify the corruption factors identified in the normative legal act (draft regulatory legal act) and suggest ways to address them. 3. The conclusion of the independent anti-corruption expertise is recommendatory in nature and is subject to mandatory review by the body, organization or official to which it is directed, within thirty days of its receipt. Based on the results of the examination, a reasoned response is sent to the citizen or organization who conducted the independent expert examination, except where there is no proposal to address the detected corruptigenic factors. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 17 July 2009 N 172-FZ