Goltsblat BLP advises that the following laws have been adopted:
Federal Law No. 172-FZ of 17 July 2009 “On Anti-corruption Expert Review of Regulatory Acts and Draft Regulatory Acts”, which comes into force on 2 August 2009;
Federal Law No. 171-FZ of 17 July 2009 “On Amendments to the Federal Law “On the Prosecuting Authorities of the Russian Federation” in connection with Adoption of the Federal Law “On Anti-corruption Expert Review of Regulatory Acts and Draft Regulatory Acts””, which comes into force on 1 August 2009.
These federal laws are designed to prevent and combat corruption in the sphere of rule-making.
The purpose of anti-corruption expert review of regulatory acts and their drafts is to identify and eliminate factors generating corruption:
provisions granting unjustifiably broad discretion to law enforcers or entitling them to make unjustified exceptions from general rules;
provisions imposing vague, difficult and/or burdensome requirements on individuals and organisations, thereby creating a corruptive environment.
Anti-corruption expert reviews will be conducted by the prosecuting authorities of the Russian Federation (“RF”), the federal executive authority in the sphere of justice, other federal executive bodies, as well as other government authorities and organisations, government authorities of RF constituent entities, local governments and their officials.
The laws provide for prosecutors to conduct anti-corruption expert reviews of regulatory acts issued by such authorities, organisations and their officials on matters relating to human and civil rights, liberties and duties, state and municipal property, a significant number of branches of the legislation, and so on. The federal executive authority in the sphere of justice is responsible for conducting expert reviews of federal laws, RF Presidential decrees, Russian Government resolutions, draft opinions and reports on draft federal laws, etc.
Any corruption-generating factors identified shall entail:
a prosecutor’s demand for a regulatory act to be amended;
a prosecutor’s application to a court in the prescribed manner;
a report drawn up on the basis of an anti-corruption expert review by another authority, organisation or official.
A prosecutor’s demand that a regulatory act be amended should contain a list of the corruption-generating factors identified and ways of eliminating them. It should be reviewed and taken into consideration by the relevant authority, organisation or official and the results be communicated to the prosecutor. The demand may be subject to appeal.
An anti-corruption expert review report is recommendatory, but is subject to mandatory consideration by the relevant authority, organisation or official.
Civil society institutions and individuals may, on their part, conduct independent anti-corruption expert reviews. The relevant report will be recommendatory but is also subject to mandatory consideration by the authority, organisation or official to which it is forwarded. The report should include the corruption-generating factors identified in the act (draft act) and propose ways of eliminating them. After the report has been considered, a well-grounded response is to be sent to the experts (individual or organisation).
If you would like to receive our legal alerts and updates highlighting current legal issues relevant to your areas of interest and providing expert commentary by our lawyers, please click on "Sign Up" and fill out the form.