1. THE ROLE OF LEGAL TECHNIQUE IN CONDUCTING ANTI-CORRUPTION EXAMINATION OF THE LEGISLATION OF THE RUSSIAN FEDERATION
- Author
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Irina Klyukovskaya and Ruslan Melekayev
- Subjects
legal technique ,law-making ,regulatory legal act ,research methods ,anti-corruption assessment ,corruptogenic factors ,Law ,History of scholarship and learning. The humanities ,AZ20-999 - Abstract
Strengthening of anti-corruption policy is one of the main tasks of the development of a jural and democratic state in modern Russia. The first barrier to the corruption is an effective legislation system. One of the mechanisms to eliminate corruption is the anti-corruption assessment of normative legal acts. The following is asserted: firstly, the main specificity of the process of eliminating the corruption-related nature of legislation is its complexity and multidimensionality expressed in certain integrity and unique unity in differences. Secondly, as any type of activity, legal anti-corruption assessment implies the use of a special system of techniques and methods of legal technique (general method of cognition, information advance, interpretation of law, sociological method and functional analysis method, extrapolation and system analysis, statistics and peer review) aimed at ensuring the efficiency of achieving the goal. Thirdly, the methodology is a clear plan of action based on specific methods, an algorithm for the performance of certain activities. Each methodology has its own programme - a general outline, consisting of methodological and procedural sections that serve the base for information collection, analysis and interpretation in order to obtain certain conclusions. The key task of using the methodology programme is to carry out an assessment of normative and legal acts and bills with the purpose of identifying and excluding the provisions that create conditions for corruption crimes. Also, the programme of the methodology is aimed at eliminating the very possibility of such provisions in prospective regulatory legal acts.
- Published
- 2021