THE ORDER OF THE STATE CORPORATION ON SPACE ACTIVITIES ROSKOSMOS

of April 28, 2017 No. 146

About approval of the Procedure for conducting anti-corruption examination of regulatory legal acts and projects of regulatory legal acts of the State corporation on space activities Roskosmos

According to article 8 of the Federal Law of July 13, 2015 No. 215-FZ "About the State corporation on space activities Roskosmos (The Russian Federation Code, 2015, No. 29 (h 1), the Art. 4341), Item 3 of part 1 of article 3 of the Federal Law of July 17, 2009 No. 172-FZ "About anti-corruption examination of regulatory legal acts and projects of regulatory legal acts" (The Russian Federation Code, 2009, No. 29, Art. 3609; 2011, No. 48, Art. 6730; 2013, No. 43, the Art. 5449) and the order of the Government of the Russian Federation of February 26, 2010 No. 96 "About anti-corruption examination of regulatory legal acts and projects of regulatory legal acts" (The Russian Federation Code, 2010, No. 10, Art. 1084; 2012, No. 52, Art. 7507; 2013, No. 13, Art. 1575; No. 48, Art. 6278; 2015, No. 6, Art. 965; 30, of the Art. 4604) I order to No.:

1. Approve the enclosed Procedure for conducting anti-corruption examination of regulatory legal acts and projects of regulatory legal acts of the State corporation on space activities Roskosmos.

2. Recognize invalid the order of Federal Space Agency of April 20, 2010 as No. 65 "About approval of the Procedure for conducting anti-corruption examination of regulatory legal acts and projects of regulatory legal acts of Federal Space Agency" (registration No. 17227) and Item of 2 changes which are made to some regulatory legal acts of Federal Space Agency is registered by the Ministry of Justice of the Russian Federation on May 17, 2010, approved by the order of Federal Space Agency of January 31, 2013 No. 32 "About modification of some regulatory legal acts of Federal Space Agency" (registration No. 28116) is registered by the Ministry of Justice of the Russian Federation on April 11, 2013.

Roskosmos of April 28, 2017 No. 146 is approved by the Order of the State corporation on space activities

Procedure for conducting anti-corruption examination of regulatory legal acts and projects of regulatory legal acts of the State corporation on space activities Roskosmos

I. General provisions

1. The procedure for conducting anti-corruption examination of regulatory legal acts and projects of regulatory legal acts of the State corporation on space activities Roskosmos (further - the Procedure) determines the procedure of conducting anti-corruption examination of regulatory legal acts and projects of regulatory legal acts of the State corporation on space activities Roskosmos (further - acts, drafts of acts and Corporation respectively).

2. The purpose of conducting anti-corruption examination is identification in acts and drafts of acts of corruptogenic factors and their subsequent elimination.

3. When conducting anti-corruption examination the technique of conducting anti-corruption examination of regulatory legal acts and projects of regulatory legal acts approved by the order of the Government of the Russian Federation of February 26, 2010 No. 96 "About anti-corruption examination of regulatory legal acts and projects of regulatory legal acts" is used (further - the Technique).

II. Anti-corruption examination of drafts of acts

4. Anti-corruption project appraisal of the act is carried out by Legal department along with conducting its legal examination within fifteen working days from the date of receipt of the draft of the act in Legal department.

The specified term can be extended by the director of Legal department with the simultaneous notification on it of the head of the structural unit of Corporation who developed the draft of the act (further - division developer).

5. To the direction in Legal department the draft of the act is subject to check on compliance to rules of Russian, to vising by the head of division developer, the director of the department of economic safety, heads of the interested structural divisions of Corporation, deputy directors general of Corporation and chief executives of Corporation within whose competence the questions regulated by the draft of the act are.

In case of the direction of the draft of the act in Legal department the explanatory note in which are specified is attached to it:

bases of the edition of the draft of the act;

necessary calculations, reasons and forecasts of social and economic, financial and economic and other effects of implementation of the proposed solutions;

data on all existing acts issued by Corporation or Federal Space Agency (Russian Aviation and Space Agency, the Russian space agency) on the matter with indication of information on terms of their reduction in compliance with the adopted act (if necessary);

the list of legal acts of the Russian Federation, the acts of the President of the Russian Federation, the Government of the Russian Federation, federal executive bodies, other bodies and organizations used in case of project development of the act;

data on need of approval of the draft of the act with the interested federal executive bodies or receipts of the conclusions of federal executive bodies if such approval or receipt of the conclusions is required according to the Rules of preparation of regulatory legal acts of federal executive bodies and their state registration (further - Rules of preparation of acts) approved by the order of the Government of the Russian Federation of August 13, 1997 No. 1009 (The Russian Federation Code, 1997, to No. 33, Art. 3895; No. 50, Art. 5689; 1998, No. 47, Art. 5771; 1999, No. 8, Art. 1026; 2006, No. 29, Art. 3251; 2009, No. 2, Art. 240; No. 12, Art. 1443; 2010, No. 9, Art. 964; No. 21, Art. 2602; 2011, No. 9, Art. 1251; No. 29, Art. 4472; 2012, No. 1, Art. 148; No. 19, Art. 2419; No. 27, Art. 3739; No. 38, Art. 5102; No. 49, Art. 6880; No. 52, Art. 7491, 7507; 2013, No. 13, Art. 1575; No. 38, Art. 4831; No. 48, Art. 6259; 2014, No. 8, Art. 816; No. 51, Art. 7434; 2015, No. 6, Art. 965; 2016, No. 13, Art. 1840; No. 20, Art. 2832; No. 35, Art. 5348; No. 43, Art. 6028);

data on need of preliminary discussion of the draft of the act at meeting of Public council of Corporation;

data on need of carrying out concerning the draft of the appraisal report of the regulating impact in cases, stipulated in Item 3.1 Rules of preparation of acts.

The draft of the act and the explanatory note attached to it which are not meeting the listed requirements return Legal department to division developer within three working days from the date of receipt.

6. If when conducting anti-corruption examination in the draft of the act corruptogenic factors are revealed, the conclusion in which all revealed corruptogenic factors with indication of structural units of the draft of the act in which they contain are reflected, with reference to Technique provisions is constituted.

The conclusion is signed by the director of Legal department (person fulfilling its duties) and goes to division developer for elimination of the revealed corruptogenic factors.

At the same time the copy of the conclusion goes for data to the officials who approved the draft of the act.

7. After elimination of the revealed corruptogenic factors the draft of the act is sent by division developer for de novo review in Legal department.

8. In case of disagreement of structural divisions of Corporation with the conclusions which are in prison by results of the anti-corruption expertize which is carried out concerning the draft of the act, the Legal department will organize holding conciliatory meeting under the leadership of the secretary of state - the deputy director general of Corporation with participation of the representatives of division developer, Economic security department interested structural divisions and officials of Corporation.

9. In case of not settlement of disagreements by results of conciliatory meeting the protocol which is submitted with appendix of the corresponding draft of the act and conclusion of Legal department to the CEO of Corporation for decision making is drawn up.

The CEO of Corporation makes the decision on the edition of the draft of the act in the edition prepared by division developer or on return of the draft of the act to this division for elimination of the corruptogenic factors revealed by Legal department by results of anti-corruption examination.

10. If when conducting anti-corruption examination corruptogenic factors in the draft of the act are not revealed, the director of Legal department performs vising of the draft of the act without creation of the conclusion.

III. Ensuring conducting independent anti-corruption examination of drafts of acts

11. For the purpose of possibility of conducting independent anti-corruption examination the drafts of acts affecting the rights, freedoms and obligations of man and citizen establishing legal status of the organizations or having interdepartmental nature (except for drafts of the acts containing the data which are the state secret, or data of confidential nature), during the working day corresponding to day of revenues to consideration in Legal department are posted by the authorized employee of Legal department on the website regulation.gov.ru on the Internet created for placement of information on preparation by federal executive bodies of projects of regulatory legal acts and results of their public discussion (further - the official site), with indication of start and end dates of acceptance of the conclusions by results of independent anti-corruption examination and the e-mail address expertise@roscosmos.ru for receipt of expert opinions in electronic form.

The term of placement of the corresponding draft of the act on the official site constitutes seven calendar days.

12. If the draft of the act governs the relations, stipulated in Item 3.1 Rules of preparation of acts, the possibility of carrying out concerning it independent anti-corruption examination is provided within the public consultations held according to the procedure, federal executive bodies of assessment of the regulating impact of projects of regulatory legal acts, drafts of amendments to drafts of the Federal Laws and drafts of decisions of the Eurasian economic commission, the federal executive bodies of assessment of the regulating impact of projects of regulatory legal acts, drafts of amendments to drafts of the Federal Laws and drafts of decisions of the Eurasian economic commission approved by the order of the Government of the Russian Federation of December 17, 2012 No. 1318 "About the procedure for carrying out established by Rules of carrying out, and also about introduction of amendments to some acts of the Government of the Russian Federation" (The Russian Federation Code, 2012, No. 52, Art. 7491; 2015, No. 6, Art. 965; No. 36, Art. 5037; No. 44, Art. 6122; 2016, No. 28, Art. 4738; No. 43, Art. 6028).

If concerning the draft of the act holding procedure of disclosure of information provided by Rules of disclosure by the federal executive bodies of information on preparation of projects of regulatory legal acts and results of their public discussion (further - Rules of disclosure of information) approved by the order of the Government of the Russian Federation of August 25, 2012 No. 851 "About procedure for disclosure by federal executive bodies of information on preparation of projects of regulatory legal acts and results of their public discussion" is necessary (The Russian Federation Code, 2012, No. 36, Art. 4902; No. 52, Art. 7491, 7507; 2014, No. 32, Art. 4502; 2015, No. 6, Art. 965; No. 31, Art. 4692; 2016, No. 10, Art. 1423; No. 15, Art. 2086; No. 43, Art. 6028; 2017, No. 4, of the Art. 657), the possibility of carrying out independent anti-corruption project appraisal of the act is provided within the public discussion which is carried out according to Rules of disclosure of information, except as specified, of the stipulated in Item 11 specified Rules.

At the same time repeated placement of the draft of the act on the official site is required only in case of change of its edition following the results of public consultations or public discussion.

13. The conclusions by results of independent anti-corruption examination which arrived in Corporation including on the e-mail address expertise@roscosmos.ru, are registered the Office of Corporation and in day of registration go for consideration to division developer, to Economic security department and Legal department.

14. The conclusion by results of independent anti-corruption examination has advisory nature and is subject to obligatory consideration within thirty calendar days from the date of its obtaining by Corporation.

By results of consideration to the citizen or the organization which was carrying out independent anti-corruption examination the motivated answer (except as specified when in the conclusion there is no information on the revealed corruptogenic factors or offers on method of elimination of the revealed corruptogenic factors) goes in which accounting of results of independent anti-corruption examination and (or) the reason of disagreement with the corruptogenic factor revealed in the draft of the act is reflected.

The draft of the motivated answer is prepared by division developer signed by the deputy director general of Corporation or the chief executive of Corporation performing coordination of activities of division developer and is subject to approval of Economic security department and Legal department.

15. If the arrived conclusion by results of independent anti-corruption examination does not correspond to the form approved by the order of the Ministry of Justice of the Russian Federation of October 21, 2011 No. 363 "About approval of form of the conclusion by results of independent anti-corruption examination" (registration No. 22247) is registered by the Ministry of Justice of the Russian Federation on November 9, 2011, with the change made by the order of the Ministry of Justice of the Russian Federation of January 18, 2013 No. 4 "About modification of the order of the Ministry of Justice of the Russian Federation of October 21, 2011 No. 363" (registration No. 27070) is registered by the Ministry of Justice of the Russian Federation on February 14, 2013, such conclusion returns division developer to the citizen or the organization which was carrying out independent anti-corruption examination no later than thirty calendar days from the date of its registration with indication of return reasons.

IV. Anti-corruption examination of acts of Corporation

16. Anti-corruption expertize of acts of Corporation is carried out when monitoring their application in the course of which collection and generalization of information on practice of application of acts of Corporation, its analysis and assessment are performed.

17. Monitoring of application of acts of Corporation is carried out by structural divisions of Corporation according to their competence.

18. In case of detection during monitoring of application in the act of Corporation of the provisions promoting creation of conditions for corruption manifestation, the relevant structural division of Corporation sends the copy of the specified act with motivated reasons to Legal department for anti-corruption examination.

19. By results of the anti-corruption expertize which is carried out concerning the act according to the Technique the conclusion with indication of data on availability or on absence in the act of corruptogenic factors which is signed by the director of Legal department (person fulfilling its duties) is constituted and goes to structural division of Corporation within which competence the questions regulated by the act, for consideration and preparation in need of offers on entering into the act of corresponding changes or on recognition of the act or its provisions invalid are.

At the same time the copy of the conclusion goes for data to the Economic security departments and the structural division of Corporation which found during monitoring in the act of Corporation of provision, promoting creation of conditions for corruption manifestation.

20. In case of disagreement of structural divisions of Corporation with the conclusions which are in prison by results of the anti-corruption expertize which is carried out concerning the act, the Legal department will organize holding conciliatory meeting under the leadership of the secretary of state - the deputy director general of Corporation with participation of the representatives of Economic security department interested structural divisions and officials of Corporation.

21. In case of not settlement of disagreements by results of conciliatory meeting the protocol which is submitted with application of a copy of the relevant act and conclusion of Legal department to the CEO of Corporation for decision making is drawn up.

The CEO of Corporation makes the decision on leaving of the specified act without changes or on preparation of the draft of the act of entering into the act of the changes providing elimination of the revealed corruptogenic factors or on recognition of the act or its provisions invalid.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info