Екатерина Чернявская
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Соответствующий законопроект1 размещен Минюстом России на Федеральном портале проектов нормативных актов. Документом предлагается ограничить ряд категорий физических и юридических лиц в получении официального статуса независимого эксперта, аккредитованного министерством.
В частности, физлицо, претендующее на проведение независимой антикоррупционной экспертизы НПА и их проектов, не должно иметь неснятую или непогашенную судимость.
Также согласно законопроекту планируется исключить участие в проведении указанной экспертизы граждан, замещающих государственные или муниципальные должности или должности государственной или муниципальной службы, а также граждан, замещавших такие должности ранее и уволенных в связи с утратой доверия.
Предлагаемое ограничение объясняется тем, что такая антикоррупционная экспертиза будет независимой только при отсутствии материальной поддержки со стороны государства в любой форме: выделение грантов, оплата за подготовленные заключения, бесплатное обучение, предоставление каких-либо льгот и преимуществ.
Также отмечается осуществление независимой антикоррупционной экспертизы органами местного самоуправления в отношении других органов публичной власти может привести к конфликту интересов.
Кроме того, Минюст России предлагает предусмотреть запрет на проведение независимой антикоррупционной экспертизы НПА и их проектов международными и иностранными организациями, а также некоммерческими организациями, выполняющими функции иностранного агента. Это объясняется необходимостью защиты национальных интересов, а также обороноспособности и безопасности государства.
По мнению министерства, принятие законопроекта будет способствовать совершенствованию процедуры аккредитации физических и юридических лиц, пожелавших получить аккредитацию независимых экспертов на проведение антикоррупционной экспертизы НПА и их проектов, а также дальнейшему совершенствованию и повышению результативности их деятельности.
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