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Ministry of Justice of Ukraine

March 19, 2015

No. 303/26748

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of March 18, 2015 No. 383/5

Some questions of conducting anti-corruption examination

(as amended of the Order of the Ministry of Justice of Ukraine of 14.11.2017 No. 3572/5)

For the purpose of ensuring accomplishment of article 55 of the Law of Ukraine "About prevention of corruption" I order:

1. Approve the Procedure for conducting anti-corruption examination which is applied.

2. Declare invalid the order of the Ministry of Justice of Ukraine of August 5, 2013 No. 1608/5 "Some questions of conducting anti-corruption examination" registered in the Ministry of Justice of Ukraine on August 5, 2013 at No. 1325/23857.

3. To department of anti-corruption policy (R.V.'s Sivers) to submit this order on state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

4. This order becomes effective from the date of its official publication, but not earlier than enforcement of the Law of Ukraine "About prevention of corruption".

5. To impose control over the implementation of this order on the deputy minister Yanchuk A. V.

Minister of Justice of Ukraine

P. Petrenko

Approved by the Order of the Ministry of Justice of Ukraine of March 18, 2015, No. 383/5

Procedure for conducting anti-corruption examination

I. General provisions

1. This Procedure determines the mechanism of conducting anti-corruption examination of regulatory legal acts and drafts of regulatory legal acts for the purpose of the prevention of making of corruption offenses because of availability in the legislation of corruption factors.

2. Tasks of anti-corruption examination are:

1) carrying out complex research of regulatory legal acts and drafts of regulatory legal acts for the purpose of identification of corruption factors which promote or can promote making of corruption offenses;

2) preparation of valid conclusions about availability or absence in regulatory legal acts and drafts of regulatory legal acts of corruptogenic regulations, provision of offers and recommendations about their elimination.

3. Anti-corruption expertize is carried out on methodology of conducting the anti-corruption examination determined by the legislation.

4. Anti-corruption examination of regulatory legal acts of state bodies which regulatory legal acts are subject to state registration is performed in case of such registration by the structural divisions of the device and territorial authorities of the Ministry of Justice responsible for carrying out state registration of regulatory legal acts.

5. The generalized results of conducting anti-corruption examination join in the annual report on results of holding actions for prevention and anti-corruption.

II. Anti-corruption examination of the existing regulatory legal acts

1. Anti-corruption examination of the existing regulatory legal acts is performed concerning the laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine in such spheres:

1) rights and freedoms of man and citizen;

2) powers of public authorities and local government bodies, persons authorized on accomplishment of functions of the state or local self-government;

3) provisions of administrative services;

4) distribution and expenditure of the State Budget and local budgets;

5) competitive (tender) procedures.

2. Anti-corruption expertize of the existing regulatory legal acts is carried out according to the annual plan which affirms the Ministry of Justice of Ukraine till December 31.

The plan of conducting anti-corruption examination of the existing regulatory legal acts for the corresponding year is constituted by structural division into which power conducting anti-corruption examination is included, based on the offers proved by need of conducting anti-corruption examination, represented by structural divisions of the office of the Ministry of Justice and are created taking into account the offers which arrived from state bodies, authorities of the Autonomous Republic of Crimea, local government bodies, the companies, organizations, the organizations irrespective of patterns of ownership, and citizens.

In case of receipt of the additional offers proved by need of conducting anti-corruption examination, the approved annual plan is subject to the corresponding adjustment.

Anti-corruption examination of the existing regulatory legal acts created based on the offers which arrived from state bodies, authorities of the Autonomous Republic of Crimea, local government bodies, the companies, organizations, the organizations irrespective of patterns of ownership and citizens is carried out by structural divisions of the office of the Ministry of Justice according to competence.

3. By results of anti-corruption examination of the existing regulatory legal act Ministry of Justice prepares conclusion of anti-corruption examination of the existing regulatory legal act in form according to appendix to this Procedure and sends it for consideration of the Cabinet of Ministers of Ukraine.

4. Can involve to anti-corruption examination of the existing regulatory legal acts Ministry of Justice in accordance with the established procedure specialists of state bodies, other companies, organizations, the organizations, and also experts of the international organizations, representatives of public associations (in coordination).

5. Results of anti-corruption examination of the existing regulatory legal acts within ten calendar days are published on the official website of the Ministry of Justice of Ukraine.

III. Anti-corruption examination of the regulatory legal acts which are subject to state registration

1. Anti-corruption examination of regulatory legal acts of state bodies which regulatory legal acts are subject to state registration is performed in case of such registration.

2. Results of anti-corruption examination of the regulatory legal act are specified in the conclusion about state registration, completion, refusal in state registration of the relevant act in the form approved by the order of the Ministry of Justice of Ukraine of April 12, 2005 No. 34/5 "About enhancement of procedure for state registration of regulatory legal acts in the Ministry of Justice of Ukraine and cancellation of the decision on state registration of regulatory legal acts", No. 381/10661 registered in the Ministry of Justice of Ukraine on April 12, 2005 (in edition of the order of the Ministry of Justice of Ukraine of May 15, 2013 No. 883/5).

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