The Ministry of justice said, how is anti-corruption expertise of laws

© RIA Novosti / Grigory to Sysoeva in photobacteria of the Ministry of justice of Russia. Archival photoThe Ministry of justice said, how is anti-corruption expertise of laws© RIA Novosti / Grigory to Sysoeva the image Bank

Head of the Department of constitutional legislation, development of Federal relations and local self-government of the Ministry of justice of the Russian Federation Alexander Pockets on the seminar in the Federation Council, told how the Ministry has been conducting anti-corruption expertise of regional legislation.

«We are assessing the following: is the evaluation form of the legal act, we define the goals and objectives of the act set the subject of legal regulation, which are analyzed for compliance with the principles of the constitutional system, the rights and freedoms of the person», — said Pockets, adding that the Ministry of justice has developed guidelines, which are guided by experts during the examination.

According to him, the legal examination is conducted by the Ministry of justice and territorial bodies within 30 days of receipt of the act in the Federal register. In the most severe cases, the examination term may be extended for another month.

The Ministry of justice conducts a continuous examination, that is, checks all the regulations, which take regions — they are mandatory, according to the decree of the President of the Russian Federation, forwarded for examination through territorial bodies of the Ministry. Regional act falls within the Federal register, which maintains the Ministry of justice since 2000, and at the same time is examined the actual wording of the act.

As pointed out Pockets, the Ministry of justice has no right to challenge the act in court, so having identified a contradiction, the Agency makes a recommendation to the Prosecutor’s office. «Enough established in our region, and therefore 80 percent of the acts in which irregularities were detected, aligned with Federal laws,» said Pockets.

According to him, the analysis of specific norms are in conflict, and then apply General principles of conflict of laws: for example, if there obespechitelnoj standards apply a special rule; if there are two equally valid acts applied the one that is adopted later. Among other things, examines the legal terms contained in the act.

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