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FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 17, 2009 No. 172-FZ

About anti-corruption examination of regulatory legal acts and projects of regulatory legal acts

(as amended on 11-10-2018)

Accepted by the State Duma of the Russian Federation on July 3, 2009

Approved by Council of the Russian Federation on July 7, 2009

Article 1.

1. This Federal Law establishes legal and organizational basis of anti-corruption examination of regulatory legal acts and projects of regulatory legal acts for the purpose of identification in them corruptogenic factors and their subsequent elimination.

2. Corruptogenic factors are the provisions of regulatory legal acts (projects of regulatory legal acts) setting for the law enforcement official unreasonably wide limits of discretion or possibility of unreasonable application of exceptions of general rules, and also the provisions containing uncertain, exigeant and (or) burdensome requirements to citizens and the organizations and by that the creating conditions for corruption manifestation.

Article 2.

 The basic principles of the organization of anti-corruption examination of regulatory legal acts (projects of regulatory legal acts) are:

1) obligation of conducting anti-corruption examination of projects of regulatory legal acts;

2) assessment of regulatory legal act (the project of regulatory legal act) in interrelation with other regulatory legal acts;

3) justification, objectivity and checkability of results of anti-corruption examination of regulatory legal acts (projects of regulatory legal acts);

4) competence of persons who are carrying out anti-corruption expertize of regulatory legal acts (projects of regulatory legal acts);

5) cooperation of federal executive bodies, other state bodies and organizations, public authorities of subjects of the Russian Federation, local government bodies, and also their officials (further - bodies, the organizations, their officials) with institutes of civil society when conducting anti-corruption examination of regulatory legal acts (projects of regulatory legal acts).

Article 3.

 1. Anti-corruption expertize of regulatory legal acts (projects of regulatory legal acts) is carried out:

1) prosecutor's office of the Russian Federation - according to this Federal Law and the Federal Law "About Prosecutor's Office of the Russian Federation", in the procedure established by the Prosecutor General's Office of the Russian Federation and according to the technique determined by the Government of the Russian Federation;

2) federal executive body in the area yustitsiiv compliance with this Federal Law, according to the procedure and according to technique, certain Government of the Russian Federation;

3) bodies, the organizations, their officials - according to this Federal Law, according to the procedure, established by regulatory legal acts of the corresponding federal executive bodies, other state bodies and organizations, public authorities of subjects of the Russian Federation, local government bodies, and according to the technique determined by the Government of the Russian Federation.

2. Prosecutors during implementation of the powers carry out anti-corruption expertize of regulatory legal acts of bodies, organizations, their officials on the questions concerning:

1) rights, freedoms and obligations of man and citizen;

2) the state-owned and municipal property, the public and municipal service, the budget, tax, customs, forest, water, land, town-planning, nature protection legislation, the legislation on licensing, and also the legislation regulating activities of the state corporations, funds and other organizations created by the Russian Federation based on the Federal Law;

3) social guarantees to the persons replacement (replacing) the state or municipal positions, positions of the public or municipal service.

3. The federal executive body in the field of justice carries out anti-corruption expertize:

1) drafts of the Federal Laws, drafts of presidential decrees of the Russian Federation and drafts of the orders of the Government of the Russian Federation developed by federal executive bodies, other state bodies and the organizations - when conducting their legal examination;

2) drafts of amendments of the Government of the Russian Federation to the drafts of the Federal Laws prepared by federal executive bodies, other state bodies and the organizations - when conducting their legal examination;

3) regulatory legal acts of the federal executive bodies, other state bodies and the organizations affecting the rights, freedoms and obligations of man and citizen establishing legal status of the organizations or having interdepartmental nature and also charters of municipalities and municipal legal acts about introduction of amendments to charters of municipalities - in case of their state registration;

4) regulatory legal acts of subjects of the Russian Federatsiipri monitoring of their application and when entering data into the federal register of regulatory legal acts of subjects of the Russian Federation.

4. Bodies, the organizations, their officials carry out anti-corruption expertize of the regulatory legal acts (projects of regulatory legal acts) adopted by them when conducting their legal examination and monitoring their application.

5. Organa, the organization, their officials in case of detection in regulatory legal acts (projects of regulatory legal acts) of corruptogenic factors, taking measures to which elimination is not within their competence, inform on it bodies of prosecutor's office.

6. Anti-corruption examination of the regulatory legal acts adopted by the reorganized and (or) abolished bodies, the organizations is carried out by bodies, the organizations to which powers of the reorganized and (or) abolished bodies, the organizations are delegated, when monitoring data application of regulatory legal acts.

7. Anti-corruption examination of the regulatory legal acts adopted by the reorganized and (or) abolished bodies, the organizations which powers by reorganization and (or) abolition are not transferred is carried out by body within which competence implementation of function on development of state policy and normative legal regulation in the corresponding field of activity is, when monitoring data application of regulatory legal acts.

8. In case of identification in regulatory legal acts of the reorganized and (or) abolished bodies, the organizations of corruptogenic factors bodies, the organizations to which powers of the reorganized and (or) abolished bodies, the organizations, or body within which competence implementation of function on development of state policy and normative legal regulation in the corresponding field of activity is are delegated make the decision on project development of the regulatory legal act directed to exception of regulatory legal act reorganized and (or) abolished body, the organizations of corruptogenic factors.

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