Types of anti-corruption expert study

Crime is the most dangerous manifestation of corruption. In this connection, the expert function of criminology and the science of criminal law is particularly important. Accordingly subjects of these science should be distinguished: criminological expert study and criminal law expert study. Criminological expert examination is the study of different social events for detection of facts proving cases of corruption. Criminological anti-corruption examination reveals corruption spheres of our society. Criminal law anti-corruption expert examination is the study of criminal law acts and other legal acts for detection of legal provisions, which can be useful for committing corruption crimes and other corruption offences. The necessity for anti-corruption legal expert study, its legal significance and subjects is enshrined in legislation. It also fixes rules and methodology of the anti-corruption expert study of legal acts and projects of legal acts. It is possible to identify two groups of criteria for determining legal provisions, which can be used for corrupt purposes. The first group includes legal provisions that give the law enforcer the unnecessarily wide margin of appreciation or the possibility of unjustified use of exceptions to the general rule (the latitude of discretion, definition of powers as ''rights'', selective changes in the volume of rights, excessive freedom by law rule making, missing or incomplete administrative procedures, etc.). The second group consists of the provisions dealing with uncertain, intractable, and (or) burdensome requirements for citizens and organizations (excessive demands to face requirements for the implementation of one's right, lack of clear regulation of the rights of citizens and organizations, use of unsettled, ambiguous terms and evaluative categories). Every branch of law is characterized by a specific legal impact on social relations, therefore, the criteria for determining the rules of corruption nature cannot be the same. For a typical civil law the dispositive method is applicable. Legal anti-corruption expert study in such cases should be aimed at identifying corrupt norms, not discrete ones. Discrete standards in the legislation are the basis for corruption. In this case, one should strive to eliminate or minimize the discretionary provisions in public law acts.

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