On the results of the activities of prosecution authorities of the Russian Federation on conducting anti-corruption expertise of regulatory legal acts and drafts thereof during the first half of the year 2019
12 august 2019, 15:10
The Prosecutor General's Office of the Russian Federation, while exercising its activities on the prevention of corruption offenses, summed up the results of anti-corruption examinations of regulatory legal acts and drafts thereof.
During the the first half of the year 2019, prosecution authorities of Russia conducted anti-corruption examination of 968 thousand regulatory legal acts and drafts thereof (in the first half of 2018 - 899 thousand). 48.2 thousand regulatory acts were revealed to be containing corruption causing factors (46.8 thousand).
The indicated regulatory legal acts and drafts thereof contained 61.4 thousand corruption-generating factors (58.3 thousand in the first half of 2018), for the purpose of elimination of which the prosecutors submitted 2.5 thousand claims (2.3 thousand), brought 29.2 thousand protests (29.5 thousand), sent 57 lawsuits (statements) to the courts (54), presented 625 submissions (711) and forwarded 14 thousand information notes (12.8 thousand).
As a result of the work done, out of 38 thousand regulatory legal acts and projects thereof (out of 35 thousand in the first half of 2018), 47.5 thousand corruption causing factors were excluded (-44 thousand in the first half of 2018).
Most frequently prosecutors identified such corruption-causing factors as the absence or incompleteness of administrative procedures, breadth of discretion, adoption of a normative legal act beyond the limits of one’s competence, selective changes in the scope of rights, and the presence of excessive requirements set in order for a person to exercise his/her rights right.
For example, the prosecutor's office of the Tyumen region revealed a corruption-causing factor in the administrative regulation specifying the implementation in the Tyumen region of investment programs by organizations engaged in regulated activities in the field of heat supply. In particular, the aforementioned regulation did not determine the actions of the officials of the Department of Tariff and Pricing Policies of the Tyumen Region in the event that they reveal facts of non-execution (improper execution) by the controlled entities of investment programs while conducting an inspection. The regulation also did not name specific measures that could be taken against the violators.
Upon the prosecutorial intervention, corresponding changes to the above mentioned normative legal act were introduced and corruption-causing factors were eliminated.
At the request of the prosecutor of the Tambov region, a corruption generating factor in the form of a regulatory collision was excluded from the administrative regulation on the provision of state service for setting waste generation standards and limits for disposal thereof as applied to the economic and other activities of legal entities and individual entrepreneurs. The regulation was approved by order of the regional department for environmental protection and nature management. The regulation did not contain grounds for the refusal to accept documents necessary for the provision of public services, since if a rule prohibiting the refusal to accept documents needed for the provision of the state service was to be legally envisaged, the return thereof (of the documents) would have been possible.
The Prosecutor General’s Office of the Russian Federation identified corruption generating factors in the Rules of Procedure of the Certification Commission of the Ministry of Culture of the Russian Federation. Thus, according to the provisions of these Rules, a civil servant was entitled to submit to the Certification Commission of the Ministry a statement of disagreement with the review prepared by his/her superior for the purpose of certification or for passing of a qualification exam. At the same time, the Rules failed to mention the procedure and the deadlines set for consideration of such statements, which provided officials of the Ministry of Culture of Russia with the opportunity to examine the applications received at their discretion.
The inspection also showed that the provisions of this Regulation, which apply to the Federal Archival Agency and the Federal Tourism Agency, were not brought into compliance with the Decree of the President of the Russian Federation dated May 15th, 2018 No. 215 “On the structure of federal executive bodies”, according to which the named agencies are currently not subordinate to the Ministry of Culture of Russia.
Corruption causing factors were also identified in the Regulation of the Ministry of Sports of the Russian Federation on the exercise of departmental control over compliance with the requirements of Federal Law dated July 18, 2011 No. 223-FZ “On Procurement of Goods, Work, Services by Certain Types of Legal Entities” and other regulatory legal acts of the Russian Federation adopted in accordance with it.
According to the provisions of this Regulation, departmental control is carried out by conducting on-site and (or) documentary verification, and the period for conducting the audit cannot exceed 15 working days. At the same time, it was envisaged that, by decision of the Minister of Sports of the Russian Federation or his deputy, the inspection period could be extended by no more than 30 working days.
However, in the Regulation lists neither cases nor grounds for extending such a period for conducting an inspection, which provides officials of the Ministry of Sports of Russia with the opportunity to arbitrarily decide on either extending or not extending the period for conducting inspections.
In all the cases cited, the Prosecutor General’s Office of the Russian Federation took relevant prosecutorial response measures, based on the results of which federal executive authorities are now further preparing changes that would exclude corruption-causing factors from the acts revised.
Prosecutorial authorities regularly engage independent experts accredited by the Russian Ministry of Justice and major scientific and educational organizations in the carrying out of anti-corruption expertise. For this purpose, cooperation agreements have been concluded with leading training centres of the country.