Anti-Corruption Expertise of Regulations: Methodology, Experience and Prospects

The objective of arranging a permanent and systemic anti-corruption expertise of legislation was set by the Russian President in 2004. The possibilities of addressing this objective were discussed among experts already back in the early 2000s. Published in 2004, the Guidelines for Experts Looking for Corruption Prone Elements Through Primary Analysis of Legislative Acts (CSR, 2004) allowed experts to become more active in their practical work of addressing this objective. The Anti-Corruption Commission of the Russian Federation State Duma used the Guidelines for the anti-corruption analysis of federal law drafts. In 2005 with support of the Russian Ministry of Economic Development and Trade, the Guidelines were adapted and became also used for the anti-corruption analysis of subordinate regulations. After such experience was summarized, the CSR prepared and published the Methodology of Primary Analysis (Expertise) of Prone to Corruption Elements in Regulations authored by E.V. Talapin, V.N. Yuzhakov and edited by V.N. Yuzhakov (M.: Statut, 2007). Among a variety of possible defects in the rules and legal formulas impairing the quality of laws and subordinate regulations, the Methodology identifies and describes 22 typical corruption prone elements, i.e. those provisions in the regulations which are more frequently found and which are very much likely to provoke corruption risks. The rules of the anti-corruption analysis ensure that it is made systematically and correctly. Such rules require the following: anti-corruption analyses are uniformly conducted and their results are uniformly described; experts see whether each typical corruption prone element is present or not in each rule; experts see how to prevent the appearance of and/or to eliminate each corruption prone element. Implementation of these rules implies the establishment of a certain anti-corruption analysis procedure requiring in particular: to make all legislators responsible for purity of regulations from any corruption prone elements. In 2007 -2008 the anti-corruption analysis of regulations (and their drafts) was practiced by at least ten federal executive authorities and in forty sub-federal entities of the Russian Federation. In most events one or the other Methodology version was used for the expertise. Typical corruption elements identifiable by the Methodology were found in the analysed regulations. Introduction of the anti-corruption analysis was assisted and can be facilitated among other activities by training seminars teaching to use the Methodology. In 2006-2008 the exerts of the Research Fund - Institute for Modernisation of Public and Municipal Administration conducted more than 25 such trainings for deputies, specialists and experts of the state authorities and non-government rganizations. Future prospects for expanding the anti-corruption analysis practice among legislators are associated with mandatory introduction and uniform requirements for its technology. The Procedure and the Methodology attached to this article as an example are intended to address this task which can be achieved if they are approved by the regulatory acts (published at the official website of the Centre for Strategic Research at www.csr.ru).