Rus News Journal

The order of Federal agency of special building (Spetsstroj of Russia) from April, 15th, 2010 N 168 Moscow About the statement of the Order of carrying out of anticorruption examination of standard legal certificates and projects of standard legal certificates of Federal agency of special building

It is registered in Ministry of Justice of the Russian Federation on May, 19th, 2010

Registration N 17284

According to the Federal law from July, 17th, 2009 N 172 - FZ About anticorruption examination of standard legal certificates and projects of standard legal certificates (Meeting of the legislation of the Russian Federation, 2009, N 29, item 3609), Position about Federal agency of the special building, the confirmed Decree of the President of the Russian Federation from August, 16th, 2004 N 1084 (Meeting of the legislation of the Russian Federation, 2004, N 34, item 3540; 2005, N 36, item 3667; 2006, N 20, item 2163; 2008, N 43, item 4921), and the governmental order of the Russian Federation from February, 26th, 2010 N 96 About anticorruption examination of standard legal certificates and projects of standard legal certificates (Meeting of the legislation of the Russian Federation, 2010, N 10, item 1084), I order:

1. To confirm an applied Order of carrying out of anticorruption examination of standard legal certificates and projects of standard legal certificates of Federal agency of special building (further - the Order).

2. To chiefs of structural divisions of central office of Federal agency of special building to organise Order studying by the subordinated officials and to provide its strict performance.

3. Control over execution of the present order to assign to the first deputy of the director of Federal agency of special building.

the Director of Federal agency of special building

the general

N.Abroskin

the Order of carrying out of anticorruption examination of standard legal certificates and projects of standard legal certificates of Federal agency of special building

I. General provisions

1. The present Order is developed according to the Federal law from July, 17th, 2009 N 172 - FZ About anticorruption examination of standard legal certificates and projects of standard legal certificates (Meeting of the legislation of the Russian Federation, 2009, N 29, item 3609) (further - the Law on anticorruption examination) and the governmental order of the Russian Federation from February, 26th, 2010 N 96 About anticorruption examination of standard legal certificates and projects of standard legal certificates (Meeting of the legislation of the Russian Federation, 2010, N 10, item 1084).

the Present Order establishes rules of carrying out of anticorruption examination of standard legal certificates and projects of standard legal certificates of Federal agency of special building (Spetsstroj of Russia).

2. Anticorruption examination of projects of standard legal certificates and standard legal certificates is spent with a view of revealing to them of the positions promoting creation of conditions for display of corruption and their subsequent elimination.

According to article 1 of the Law about anticorruption examination korruptsiogennymi factors are positions of standard legal certificates (projects of standard legal certificates), establishing for pravoprimenitelja unreasonably wide limits of the discretion or possibility unreasonable, applications of exceptions of the general rules, and also the positions containing uncertain, exigeant and (or) burdensome requirements to citizens and the organisations and by that creating conditions for display of corruption.

3. Main principles of the organisation of anticorruption examination of standard legal certificates and projects of standard legal certificates of Spetsstroja of Russia are:

1) compulsion of carrying out of anticorruption examination of projects of standard legal certificates;

2) an estimation of the standard legal certificate in interrelation with other standard legal certificates;

3) validity, objectivity and proverjaemost results of anticorruption examination of standard legal certificates and projects of standard legal certificates;

4) competence of the persons making anticorruption examination of standard legal certificates and projects of standard legal certificates;

5) cooperation of Spetsstroja of Russia, and also officials of Spetsstroja of Russia with institutes of a civil society at carrying out of anticorruption examination of standard legal certificates and projects of standard legal certificates.

II. Anticorruption examination of projects of standard legal certificates of Spetsstroja of Russia

4. Anticorruption examination is carried out by Legal department Spetsstroja of Russia simultaneously with carrying out of legal examination agrees Techniques of carrying out of anticorruption examination of standard legal certificates and projects of the standard legal certificates, the Russian Federation confirmed by the governmental order from February, 26th, 2010 N 96 (Meeting of the legislation of the Russian Federation, 2010, N 10, item 1084) (further - the Technique of carrying out of anticorruption examination).

5. Term for carrying out of anticorruption examination makes 5 working days from the moment of receipt in Legal department Spetsstroja of Russia of the project of the standard legal certificate for legal examination. By results of carrying out of anticorruption examination of projects of standard legal certificates in case of revealing in them of the positions promoting creation of conditions for display of corruption, Legal department Spetsstroja of Russia prepares the conclusion in which concrete positions of the project of the standard legal certificate, promoting creation of conditions for corruption display, and corresponding revealed korruptsiogennye factors are specified. In the conclusion possible negative consequences of preservation in the project of the document revealed korruptsiogennyh factors can be reflected also.

the Conclusion should contain offers on ways of elimination revealed in the project of the standard legal certificate of the positions promoting creation of conditions for display of corruption.

6. The remarks reflected in the conclusion, have recommendatory character and are subject to obligatory consideration in structural division of central office Spetsstroja of Russia, prepared the project of the standard legal certificate.

7. At carrying out of anticorruption examination of the project of the standard legal certificate the executor of the project can be involved routinely with the employee of Legal department Spetsstroja of Russia, making anticorruption examination, for a summer residence of explanatories under the project.

8. Positions of the project of the standard legal certificate, promoting creation of conditions for the corruption display, revealed at carrying out of anticorruption examination, are eliminated by structural division of central office Spetsstroja of Russia, prepared the specified project, at a stage of its completion.

9. In case of disagreement with the results of anticorruption examination testifying to presence in the project of the standard legal certificate of positions, conditions promoting creation for corruption display, the chief of structural division of central office Spetsstroja of Russia directs the project of the standard legal certificate with the appendix of the conclusion by results of carrying out of anticorruption examination and proving materials to director Spetsstroja of Russia for decision-making, and operates according to its instructions.

III. Anticorruption examination of standard legal certificates

Spetsstroja of Russia

10. With a view of carrying out of anticorruption examination of the published standard legal certificates of Spetsstroja of Russia, structural divisions of central office Spetsstroja Russia which is head executors of standard legal certificates, after their signing (statement) by director Spetsstroja of Russia (the person, its replacing) conducts constant monitoring of their application for revealing in them of the positions promoting creation of conditions for display of corruption according to the Technique of carrying out of examination on korruptsiogennost.

During monitoring gathering and generalisation of the information on practice of application of standard legal certificates of Spetsstroja of Russia, its analysis and an estimation are carried out.

11. At detection in the published standard legal certificates of Spetsstroja of Russia of the positions promoting creation of conditions for display of corruption, the corresponding structural division of central office Spetsstroja of Russia in three-day term directs the specified standard legal certificates with motivirovannym a substantiation to Legal department Spetsstroja of Russia for the anticorruption examination which carrying out is carried out according to point 6 of the present Order.

12. On the basis of the conclusion by results of carrying out of the anticorruption examination, the corresponding structural division of central office Spetsstroja of Russia prepares offers on elimination of Spetsstroja of Russia revealed in the standard legal certificate korruptsiogennyh factors and directs to their director Spetsstroja of Russia or the person fulfilling its duties.

IV. Independent anticorruption examination of projects of standard legal certificates of Spetsstroja of Russia

13. Projects of standard legal certificates of Spetsstroja of Russia mentioning the rights, freedom and duties of the person and the citizen establishing legal status of the organisations or having interdepartmental character, should pass an independent expert appraisal on korruptsiogennost according to Rules of carrying out of anticorruption examination of standard legal certificates and projects of the standard legal certificates, confirmed by the governmental order of the Russian Federation from March, 5th 2010 N 96 (Meeting of the legislation of the Russian Federation, 2010, N 10, item 1084) (further - Rules of carrying out of anticorruption examination).

Independent anticorruption examination is not spent concerning the projects of standard legal certificates of Spetsstroja of Russia containing data, making the state secret, or data of confidential character.

14. For carrying out of independent anticorruption examination according to Rules of carrying out of anticorruption examination, the structural division of central office Spetsstroja of Russia, being the developer of the project of the standard legal certificate, within the working day corresponding to day of its direction for legal examination in Legal department Spetsstroja of Russia, directs on the electronic carrier the project of the standard legal certificate to Management of the information and public relation of Spetsstroja of Russia for placing on an official site of Spetsstroja of Russia in networks the Internet.

at placing of the specified projects on a site of Spetsstroja of Russia in a network the Internet makes Term of carrying out of independent anticorruption examination of 7 days.

At placing of projects of standard legal certificates for carrying out of independent anticorruption examination on a site of Spetsstroja of Russia date of its placing on a site, term of its carrying out, and also the e-mail address for a direction of expert judgements is underlined.

15. Data on carrying out of independent anticorruption examination are specified in the inquiry which is applied on the standard legal certificate of Spetsstroja of Russia at its direction on the state registration in the Ministry of Justice of the Russian Federation according to Rules of preparation of standard legal certificates of federal enforcement authorities and their state registration, confirmed by the Governmental order of the Russian Federation from August, 13th, 1997 N 1009 (Meeting of the legislation of the Russian Federation, 1997, N 33, item 3895, N 50, item 5689; 1998, N 47, item 5771; 1999, N 8, item 1026; 2002, N 40, item 3929; 2006, N 29, item 3251; 2009, N 2, item 240; N 12, item 1443; 2010, N 9, item 964).

Data should contain instructions for date of placing of the project of the standard legal certificate on an official site of Spetsstroja of Russia in a network the Internet and on an expiry date of reception of expert judgements from independent experts.

copies of the arrived expert judgements are applied On the inquiry or (in a case not receipts) in it it is underlined about their absence.