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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of February 26, 2010 No. 96

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

(as amended on 10-07-2017)

According to the Federal Law "About Anti-corruption Examination of Regulatory Legal Acts and Projects of Regulatory Legal Acts" Government of the Russian Federation decides:

1. Approve enclosed:

Rules of conducting anti-corruption examination of regulatory legal acts and projects of regulatory legal acts;

technique of conducting anti-corruption examination of regulatory legal acts and projects of regulatory legal acts.

2. Recognize invalid:

the order of the Government of the Russian Federation of March 5, 2009 No. 195 "About approval of Rules of conducting examination of projects of regulatory legal acts and other documents for the purpose of identification in them of the provisions promoting creation of conditions for corruption manifestation" (The Russian Federation Code, 2009, No. 10, the Art. 1240);

the order of the Government of the Russian Federation of March 5, 2009 No. 196 "About approval of technique of conducting examination of projects of regulatory legal acts and other documents for the purpose of identification in them of the provisions promoting creation of conditions for corruption manifestation" (The Russian Federation Code, 2009, No. 10, the Art. 1241).

Russian Prime Minister

V. Putin

 

Approved by the Order of the Government of the Russian Federation of February 26, 2010 No. 96

Rules of conducting anti-corruption examination of regulatory legal acts and projects of regulatory legal acts

1. These rules determine procedure for conducting the anti-corruption examination of regulatory legal acts and projects of regulatory legal acts performed by the Ministry of Justice of the Russian Federation and independent 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. The Ministry of Justice of the Russian Federation carries out anti-corruption expertize according to technique of conducting the anti-corruption examination of regulatory legal acts and projects of regulatory legal acts approved by the order of the Government of the Russian Federation of February 26, 2010 No. 96, in the relation:

a) 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;

b) 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;

c) 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;

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

3. Results of anti-corruption examination are reflected in the conclusion of the Ministry of Justice of the Russian Federation by results of legal examination or in the conclusion of the Ministry of Justice of the Russian Federation in the form approved by the Ministry.

3(1). The disagreements arising in case of assessment of the corruptogenic factors specified in the conclusion of the Ministry of Justice of the Russian Federation by results of conducting examination of projects of the regulatory legal acts and documents provided by subitems "an" and "b" of Item 2 of these rules are permitted according to the procedure, established by the Regulations of the Government of the Russian Federation approved by the order of the Government of the Russian Federation of June 1, 2004 No. 260 (further - Regulations of the Government), for consideration of not settled issues according to the drafts of acts introduced to the Government of the Russian Federation with disagreements.

The disagreements arising in case of assessment of the corruptogenic factors specified in the conclusion of the Ministry of Justice of the Russian Federation by results of conducting examination of 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 are permitted according to the procedure, established by the Rules of preparation of regulatory legal acts of federal executive bodies and their state registration approved by the order of the Government of the Russian Federation of August 13, 1997 No. 1009.

4. Independent anti-corruption examination is carried out by the legal entities and physical persons accredited by the Ministry of Justice of the Russian Federation as experts in conducting independent anti-corruption examination of regulatory legal acts and projects of regulatory legal acts according to technique of conducting the anti-corruption examination of regulatory legal acts and projects of regulatory legal acts approved by the order of the Government of the Russian Federation of February 26, 2010 No. 96

5. For the purpose of possibility of conducting independent anti-corruption examination of drafts of the Federal Laws, drafts of presidential decrees of the Russian Federation, drafts of orders of the Government of the Russian Federation federal executive bodies, other state bodies and the organizations - developers of projects of regulatory legal acts during the working day corresponding to day of the direction of the specified projects on coordination in state bodies and the organizations according to Item 57 of Regulations of the Government post these projects on the website regulation.gov.ru on the Internet created for placement of information on preparation by federal executive bodies of projects of regulatory legal acts and results of their public discussion with indication of start and end dates of acceptance of the conclusions by results of independent anti-corruption examination.

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