The expert examination within the rule-making process consists in is an analysis and assessment of the content of a legal normative act or of a draft legal normative act for the purpose to define eventual legal, political, economic and financial, criminological, ecological, demographic and other impacts resulting from the adoption (issuance) of the respective legal normative act or its draft.
The performance of the exert examination is one of inalienable elements of the law-making process and is aimed at ensuring the quality of legal normative acts.
The basic legal normative acts which establish forms of expert examination, occurrence and procedure of its implementation are as follows:
- Law of the Republic of Belarus from 10 January 2000 On Legal Normative Acts of the Republic of Belarus;
- Rules of Preparation of Draft Legal Normative Acts Approved by the Edict of the President of the Republic of Belarus from 11 August 2003 No 359 On Measures for Improving the Law-making Activity;
- Regulations on the Procedure of Criminological Examination of Draft laws of the Republic of Belarus approved by the Edict of the President of the Republic of Belarus from 29 May 2007 No 244 On the Criminological Expert Examination of Draft Laws of the Republic of Belarus.
Basing on the disposition of the Law of the Republic of Belarus On Legal Normative Acts of the Republic of Belarus the expert examination in the law-making process can be:
- Сompulsory and not compulsory;
- Juridical, criminological, financial, economic, ecological and other (depending on the topical nature of expert examination).
The compulsory expert examination include the juridical examination and criminological one (as regards draft laws).
The financial, economic, ecological and other forms of expert examinations as regards draft legal normative acts are carried out on decision of an appropriate rule-making authority (or of an official).