Romanova, I. Legal consequences of disclosure of corruptogenic factors in normative legal acts and their drafts by the prosecution bodies

Abstract: The article is devoted to the study of legal consequences of the requests by the prosecutors to amend a normative legal act based upon the results of anti-corruption expertise. The author discusses topical issues regarding the period for the consideration of the requirements by the law-making bodies, options for challenging the requirements and cases when protest of a prosecutor was filed instead. The author views the cases when the prosecutors sent information on the corruptogenic factors, which they have found. It is due to the fact, that the information acts should be filed when corruptogenic factors are uncovered in legal acts formally falling outside the scope of prosecutor control under the Federal Law «On Anti-Corruption expertise of Normative Legal Acts and Drafts of Normative Legal Acts» (such as legislative drafts, non-normative legal acts). If, while holding anti-corruption expertise, a law (or a legal norm) is found to be in contradiction with the federal law, the protest of prosecutor is used. Special attention is paid to the legislative provisions for the prosecutors to require amendments into normative legal acts in court; the author offers possible solutions for the problems.

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