Anti-corruption expertise

Anti-corruption expertise

Author

Prykhodko Andrii

Anti-corruption expertise of regulatory legal acts

One rash step – and you are already a “corrupt official”!Andrey Prikhodko

In modern “legal” Ukraine, it is very important to know anti-corruption legislation.

But, if this is enough for an ordinary citizen, then for the head of an enterprise or for an individual engaged in entrepreneurial activity and deals with the signing of regulatory legal acts and contracts in some cases, and sometimes constantly, there is a need for professional anti-corruption expertise of “fateful” documents and transactions!

Anti-corruption expertise of draft regulatory legal acts is designed to and makes it possible to reduce the risks of violations of anti-corruption legislation, it allows to identify corruption “roots” at the stage of preparation of draft regulatory legal acts.

 

At the legislative level, anti-corruption expertise of regulatory legal acts is provided for by Article 15 of the Law of Ukraine “On the principles of preventing and combating corruption.”

Anti-corruption expertise – is an activity aimed at identifying provisions in regulatory legal acts or in draft regulatory legal acts that, alone or in combination with other norms, may contribute to the commission of corruption offenses or offenses related to corruption.

Until recently, services in the field of anti-corruption legislation were a kind of “know-how” in Ukraine, but today we already have an established practice of providing such services and can recommend the effectiveness of certain instruments.

When conducting anti-corruption expertise, attorneys and lawyers of JSB Prikhodko & Partners:

• we analyze the draft regulatory legal acts, carry out a comprehensive study for the compliance of the regulatory legal act or certain of its provisions with the requirements of anti-corruption legislation;
• we determine the possibility of a specific normative legal act or its individual provisions to independently contribute to the commission of a certain corruption offense;
• we form well-grounded expert opinions on the presence and nature of corruption factors in this regulatory legal act;
• we develop recommendations for their elimination.

Professional attorneys JSB Prikhodko & Partners, when carrying out anti-corruption expertise, take actions in the order formed in practice, boiling down to the following:

1. Primary legal examination of an agreement or regulatory legal act, which includes:

analysis of the conditions in which the development of the project was carried out (identification of a possible conflict of interest, identification of the fact of dishonest lobbying, identification of other possible violations, restrictions and prohibitions provided for by the legislation on the prevention of corruption at all stages of the passage of the draft document, identification of other signs of illegal initiation and development of a regulatory document);

establishing the potential presence of corruption-generating factors (carried out taking into account: – conclusions about the conditions and circumstances in which the initiation and preparation of the normative document were carried out – the scope is regulated by the normative document).

2.Systematic analysis of the content of a normative legal act (consists in identifying corruption-generating factors, carried out using indicators of corruption. but also ways and means of possible application/action of such a document in the future.Use and action of a normative document in the future is analyzed by means of modeling and/or forecasting the corresponding situations.

3. Formation of the conclusion of the anti-corruption expertise, which indicates:

Corruption factor , which was revealed during the analysis of the regulatory document, including the corruption-generating conditions for its initiation and/or preparation. If several corruption factors are found, each is described separately.

The relationship of each factor of corruption with the provisions of the regulatory document and/or other regulatory documents and regulations.

The influence of the corruption-generating factor on legal relations in general and on the activities of a state body or local self-government body or a specific official or official, including a description of possible corruption offenses and / or offenses related to corruption.

Practical recommendations regarding the ways and means of eliminating or minimizing the corruption-generating factor /factors in the text of the normative document: improvement of certain provisions; inclusion in the draft normative document of reference norms providing for the need to use the provisions of other normative legal acts; displaying expanded (complete) procedures; predicting proper control – in the absence or inadequacy of control and transparency; removal of restrictions – in case of incorrect determination of the conditions for the exercise of the right (unreasonable encumbrances during its implementation) or the conditions for the fulfillment of duties.

If it is impossible to eliminate or minimize the corruption-generating factor, Prikhodko & Partners JSB experts may recommend rejecting the normative document as a whole.

The content of the recommendations provided by our specialized lawyers is always specific and concerns only those circumstances and/or provisions of the draft normative document or the circumstances of its initiation and/or preparation, which they define as corruption-generating factors.

 

Considering this, since anti-corruption expertise of draft regulatory legal acts requires high professional knowledge of anti-corruption legislation , such expertise should be trusted by the best, namely highly qualified, experienced lawyers of Prikhodko & Partners.

Although today the law does not provide for a mechanism for the authorities to respond to the conclusions of the anti-corruption expertise, but if this or that subject of power did not respond to such an examination, then his inaction can be appealed in court and declared illegal, with which the lawyers of JSB Prikhodko and partners “.

How we work: