Independent anti-corruption expertise of normative legal acts (based on the practice of conducting an independent expertise of VVSU)

• Omelyanenko M.E.

  Maria E. Omelyanenko. Vladivostok State University Vladivostok. Russia

Abstract. The subject of the study is the activities of experts, employees of the Vladivostok State University, accredited by the Ministry of Justice of Russia for conducting an independent anti-corruption examination of regulatory legal acts. The purpose of the study is to identify the problematic aspects of the anti-corruption expertise of regulatory legal acts and their drafts. Methodology: the study was carried out in compliance with the general methodological principles of cognition – objectivity, consistency and dialectical contradiction and
the use of formal logical and comparative legal methods. The involvement of independent experts in an anticorruption expertise is supposed to facilitate the active participation of citizens in the process of combating corruption, increase the level of openness in the activities of state bodies, and, as a result, help to increase citizens' credibility of their activities. However, for more than 10 years of existence, this institution has not been very popular as evidenced by the small number of conclusions given by independent experts. This contributes to the uncertainty of the status of an independent expert and the legal nature of the institute of independent anti-corruption expertise as well as the imperfection of the system of corruption factors established at the legislative level and a unified detection mechanism. As a result of the study, the improvement proposals of the legislation regulating the institution of anti-corruption expertise of normative legal acts and their drafts were
formulated. The methodology for conducting independent anti-corruption expertise including those related to optimizing the interaction of independent experts with state authorities that have the right to rule-making was offered. The novelty of the research lies in the fact that for the first time the experience of independent experts, employees of Vladivostok State University, was studied and generalized, which made it possible to develop a number of recommendations for improving legislation and methods for conducting examinations. As a result
of the study, it was possible to confirm the hypothesis that the insufficient effectiveness of the institution of independent anti-corruption expertise of regulatory legal acts and their drafts is due to the disadvantages in current legislation.
Keywords: normative legal act, corruption, corruptogenic factors, independent anti-corruption expertise.