Anticorruption expertise in the Russian Federation legislation: development and legal consolidation
In the article the authors analyze the problems of anti-corruption policy in the context of a special direction for the prevention of corruption (anti-corruption expertise of normative legal acts and their projects), consider the development of the anti-corruption legal mechanism, and the specifics of its institutionalization in the Russian legislation. The positions of scientists regarding the definition of «anti-corruption expertise» are investigated, a comparative analysis of the concepts of «corruptionogenic factors» and «corruption factors» is carried out. A comparative legal analysis of anti-corruption expertise theory and methodology has allowed the researchers to conclude that anti-corruption expertise of normative legal acts is a type of criminological expertise for corruption manifestations identification pre-established in legal norms. The issue of the implementation of international anti-corruption norms in national legislation is also raised. The features of legal consolidation of the system of corruptiogenic and corruption factors in the Russian legislation are indicated. The authors recognize the main achievement of the development of anti-corruption expertise legal consolidation in the legislation by establishing the legal principle «the mandatory implementation of anti-corruption expertise of all legal acts projects» in Federal Law No. 172-FL. The monitoring of the current legislation in this activity allowed the authors to identify a number of collision clauses in the Federal Law «On Anti-Corruption Expertise of Legislative Laws and Normative Legal Acts Projects» and regulations of the Russian Federation Government. On the account of the above mentioned, the authors concluded that legal and organizational basis of anti-corruption expertise of normative legal acts in the Russian Federation is formed, but its level is still far from a perfect one. In connection with this, investigation of the problem of organizing the anti-corruption expertise of legal acts still takes an important place in scientific, educational and enforcement activities.