Reforming the State Control (Supervisory) System in the Context of Changing Legislation
Romanov S.A. Reforming the state control (supervisory) system in the context of changing legislation. Penitentiary Science, 2023, vol. 17, no. 1 (61), pp. 82–88. doi: 10.46741/2686-9764.2023.61.1.009
The article discusses issues of reforming the control and supervisory system in modern Russia. It analyzes stages of formation and development of these bodies, as well as transformation of legislation on control and supervision. Purpose: to consider transformation of the state control and supervisory institution in modern Russia; analyze the regulatory framework on the basis of which the “architecture” of the state control and supervisory mechanism is carried out; consider new approaches to the powers of control and supervisory authorities of the Russian Federation, enshrined in the current legislation on control and supervision. The methodological basis consists of logical-legal, comparative-legal, descriptive, content analysis, and legal reality cognition methods. Conclusions: the analysis of the current legislation in the field of control and supervision suggests that the last stage of reforming the control and supervisory mechanism and its activities, expressed in the development of the Federal Law “On state control (supervision) and municipal control in the Russian Federation”, has a number of advantages: the scope of application of the riskbased approach in the implementation of state control and supervision is expanded; all kinds of control and supervisory measures and tools that can be used by control and supervisory bodies in carrying out their activities are fixed in legislation; the total use of inspections as the main tool in the work of control and supervisory bodies is avoided; a unified system of principles for elaborating a control and supervisory mechanism is reated.
Keywords: Control; supervision; state mechanism; control and supervisory bodies; control and supervisory activities; prevention-oriented (preventive) approach; risk-oriented approach; control and supervisory institute of the state mechanism; selective control, inspection visit
2. Administrativnoe pravo Rossii: ucheb. [Administartive law of Russia: textbook]. Ed. by Konin N.M., Starilov Yu.N. Saratov, 2006. 324 p.
3. Nagornykh R.V. Transformation of the subject of administrative law in the conditions of the formation of administrative constitutionalism in modern Russia. In: Nauchnye trudy. Rossiiskaya akademiya yuridicheskikh nauk. Vyp. 20. [Scientific Works. The Russian Academy of Legal Sciences. Issue 20]. Moscow, 2020. Pp. 61–66. (In Russ.).
4. Petrov A. V., Epifanov A. E. Legal nature of state control and supervision Zhurnal rossiiskogo prava = Journal of Russian Law, 2013, no. 7, pp. 36–49. (In Russ.).
5. Tikhomirov Yu.A. Publichnoe pravo [Public law]. Moscow, 1995.
6. Alekseev V.V., Vdovenko Z.V. State control and supervision in modern Russia. Uspekhi v khimii i khimicheskoi tekhnologii = Advances in Chemistry and Chemical Technology, 2015, no. 5 (164), pp. 10–12. (In Russ.).
7. Osipov D.A., Bol’shakova V.M. On the concepts “state control”, “state supervision” and “total control over personality”. Vlast’ = Power, 2015, no. 5, pp. 136–140. (In Russ.).
8. Zubarev S.M. On correlation of concepts of “control” and “supervision” in public management. Gosudarstvennaya vlast’ i mestnoe samoupravlenie = State Power and Local Self-government, 2014, no. 10, pp. 85–90. (In Russ.).
9. Pogodina N.A., Karelin K.V Correlation of control and supervision in the Russian legal system. Rossiiskaya yustitsiya = Russian Justice, 2012, no. 3, pp. 72–74. (In Russ.).
10. Nozdrachev A.F., Zyryanov S.M., Kalmykova A.V. Reform of state control (supervision) and municipal control. Zhurnal rossiiskogo prava = Journal of Russian Law, 2017, no. 9, pp. 34–46. (In Russ.).
11. Igaikina I. I., Del’tsova Yu. O. State and prospects of development of state fire-prevention supervision and control. Nauchnoe obozrenie = Scientific Review, 2018, no. 2, pp. 8–12. (In Russ.).
