The role of the court in preventing corruption in legal regulation
Abstract
Background. Currently, the powers of the courts in determining the corruption-causing factor are not legally fixed. However, the analysis of the legal regulation of the organization and functioning of the judicial system indicates the participation of courts in the establishment of corruption-causing factors of legislation. Materials and methods. The research used general scientific (analysis, synthesis, induction, deduction, analogy, system-structural, etc.) and private scientific (comparative law, formal law, method of interpretation of legal norms, etc.) methods. Results. The paper dis-cusses the need to expand the participation of courts in preventing the corruption-causing factor in legal regulation by: firstly, legislating the court's decision-making powers in relation to regula-tory legal acts containing the corruption-causing factor; secondly, expanding the ability of courts to conduct anti-corruption monitoring; thirdly, using artificial intelligence, creating a model that could predict the adoption of court decisions. Conclusions. The identification and elimination of the corruption-causing factor is carried out in various ways, including through anti-corruption expertise, monitoring and forecasting. When assessing the corruption-causing factor, the court is authorized to recognize the relevant regulatory legal act containing the corruption-causing factor as illegal and unjustified or to make a private definition, which is essentially an anti-corruption expertise. Regarding anti-corruption monitoring of law enforcement, it is justified for the Supreme Court of the Russian Federation to step up anti-corruption work on monitoring various judicial issues. Anti-corruption forecasting of changes in the legal regulation of the judicial system aimed at preventing corruption-causing factors could be carried out by educational and research institutes, for example, the Lebedev Russian State University of Justice.