IT IS REGISTERED
in Ministry of Justice of the Russian Federation
August 10, 2010.
Registration No. 18105
of July 20, 2010 No. 53
About anti-corruption examination of regulatory legal acts and projects of regulatory legal acts of Federal Archival Agency
According to Item 3 of part 1 of article 3 of the Federal Law of July 17, 2009 N 172-FZ "About anti-corruption examination of regulatory legal acts and projects of regulatory legal acts" (The Russian Federation Code, 2009, N 29, to the Art. 3609), I order:
1. Approve the enclosed Procedure for conducting anti-corruption examination of regulatory legal acts and projects of regulatory legal acts of Federal Archival Agency.
2. I reserve control of execution of this order.
Head A. N. Artizov
Approved by the order of Federal Archival Agency of July 20, 2010, No. 53
1. This Procedure is developed according to the Federal Law of July 17, 2009 N 172-FZ "About anti-corruption examination of regulatory legal acts and projects of regulatory legal acts" (The Russian Federation Code, 2009, N 29, the Art. 3609) and determines the procedure of conducting anti-corruption examination of regulatory legal acts and projects of regulatory legal acts of Federal Archival Agency (further - Rosarkhiv) for the purpose of identification in them corruption factors and their subsequent elimination.
2. When conducting anti-corruption examination Rosarkhiv is guided by the Constitution of the Russian Federation, the Federal constitutional Laws, the Federal Laws, regulatory legal acts of the President of the Russian Federation, the Government of the Russian Federation, regulatory legal acts of federal executive bodies and this Procedure.
3. The regulatory legal acts and projects of regulatory legal acts of Rosarkhiv affecting the rights, freedoms and obligations of man and citizen which are establishing legal status of the organizations having interdepartmental nature, irrespective of the term of their action, including, the containing state mystery, or data of confidential nature are subject to anti-corruption examination.
4. Anti-corruption expertize is carried out 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 N 96 (The Russian Federation Code, 2010, N 10, the Art. 1084), for the purpose of identification in them of the provisions promoting creation of conditions for corruption manifestation.
5. The project of regulatory legal act developed by the structural division of Rosarkhiv responsible for preparation of the project of regulatory legal act (further - responsible structural division), and approved with the interested structural divisions of Rosarkhiv, is posted on the official site of Rosarkhiv (except for projects of the regulatory legal acts containing the state mystery, or data of confidential nature), with indication of start and end dates of acceptance of the conclusions by results of independent anti-corruption examination, during the working day corresponding to day of its direction for consideration in Contractual and legal department.
6. Anti-corruption expertize is carried out by Contractual and legal department concerning regulatory legal acts and projects of regulatory legal acts of Rosarkhiv for the purpose of identification in them corruptogenic factors and their subsequent elimination.
7. Anti-corruption expertize is carried out along with independent examination taking into account the term of conducting independent examination at least 7 days.
8. When carrying out anti-corruption project appraisal of regulatory legal act the specialist of Contractual and legal department who is carrying out anti-corruption expertize routinely can attract the contractor of the project to making the corresponding explanations.
9. By results of anti-corruption examination by Contractual and legal department the conclusion in which the specific revealed provisions of the project of regulatory legal act promoting creation of conditions for corruption manifestation and the corresponding corruptogenic factors are reflected prepares.
10. The conclusion of Contractual and legal department shall contain offers on methods of elimination of the provisions revealed in the project of regulatory legal act promoting creation of conditions for corruption manifestation and is subject to obligatory consideration by the responsible structural division which prepared the project of regulatory legal act.
11. Based on the conclusion of Contractual and legal department the responsible structural division within ten working days from the date of receipt of the specified conclusion prepares offers on elimination of the corruptogenic factors revealed in the project of regulatory legal act and repeatedly represents the project of regulatory legal act to Contractual and legal department for vising.
12. In case of disagreement with results of anti-corruption examination, the chief of structural division of the office of Rosarkhiv sends the project of regulatory legal act with appendix of the conclusion by results of anti-corruption examination and required materials to the head of Rosarkhiv for decision making.
13. Are attached the conclusion by results of carrying out anti-corruption project appraisal of regulatory legal act to the project of regulatory legal act submitted for consideration to the head of Rosarkhiv and all arrived expert opinions constituted following the results of independent examination on koruptsiogennost.
14. When entering into the text of the project of regulatory legal act of essential changes, it is subject to repeated placement on the official site of Rosarkhiv for conducting independent examination.
15. In case of absence in the project of regulatory legal act of the provisions promoting creation of conditions for corruption manifestation it is vised by Contractual and legal department.
16. Structural divisions and officials of Rosarkhiv when monitoring application of the published regulatory legal acts of Rosarkhiv according to the competence perform their check for the purpose of identification in them corruptogenic factors.
17. In case of identification by results of monitoring of law enforcement in regulatory legal act of the provisions promoting creation of conditions for corruption manifestation, the chief of the relevant structural division reports on the head of Rosarkhiv on possible negative consequences of preserving in regulatory legal act of the revealed corruption factors.
18. At the request of the head of Rosarkhiv the Contractual and legal department carries out anti-corruption project appraisal of regulatory legal act.
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