Weaknesses of normative legal acts as a corruption-inducing factors

Abstract

The article is devoted to the study of the shortcomings of the normative-legal act as corruption-inducing factors, because, as practice shows, the prevention of corruption should be started already at the stage of law-making, because non-compliance with technical and legal techniques and rules in the development of normative-legal acts widely contributes to the commission of corruption offenses. Based on the analysis of the current legislation, the main methods and means of legal technique are singled out and characterized, and in particular: logical (rules regarding general consistency of laws, avoidance of contradictions, structuring rules); epistemological (rules regarding the accuracy of the definition of the subject of regulation of a legal act, so that it covers all the necessary scope of its action); linguistic (rules of text presentation and use of terminology, rules of presentation of regulatory provisions); rules relating to certain types of draft laws (amendments to current acts, ratification of international treaties, etc.). Corruption-inducing factors related to the shortcomings of the legal technique or non-compliance with the rules of normative design have been studied. It has been established that one of the effective means of preventing corruption is the improvement of the legal technique of normative legal acts that regulate public relations with a high corruption risk, which is ensured by conducting mandatory (and optional) anti-corruption examination of all draft normative legal acts. Analysis of current legal acts, as well as draft legal acts for the presence of legal structures that may contribute to the commission or increase of corruption offenses or offenses related to corruption, as well as the elimination of these defects, can significantly reduce cases of use by authorized persons of official authority or related opportunities for the purpose of receiving an unlawful benefit.