Institute of Sociology
of the Federal Center of Theoretical and Applied Sociology
of the Russian Academy of Sciences

Kharchenko K.V. Improving control and oversight activities: social and legal meaning and law enforcement practice. The Monitoring of Law Enforcement Journal, 2020, No.3, pp. 66-72.



Kharchenko K.V. Improving control and oversight activities: social and legal meaning and law enforcement practice. The Monitoring of Law Enforcement Journal, 2020, No.3, pp. 66-72.
ISSN 2412-8163
DOI 10.21681/2226-0692-2020-3-66-72
РИНЦ: https://elibrary.ru/item.asp?id=44000289

Posted on site: 05.10.20

 


Abstract

Purpose: to analyze objects of regulation of Federal laws On protection of rights of legal entities and individual entrepreneurs when exercising state control (supervision) and municipal control №294-FZ On the state control (supervision) and municipal control in the Russian Federation with the positions of the control functions of the state and protection of legally protected values. Methods: system analysis of the subject of legal regulation, logical and structural analysis of legal concepts, analysis of law enforcement practice in the implementation of certain control and Supervisory procedures activities. Conclusion: in the framework of the reform of control and Supervisory activities, the subject of legal regulation it should protect the rights of not only entrepreneurs, but all subjects of control and supervision, as well as values protected by law. The wording of a number of key legal concepts needs to be clarified and ordering. The analysis of law enforcement practice in the field of control and Supervisory activities suggests the need to improve the procedures for detecting violations in the checked person subject, notification of verification, initiation of unscheduled verification, preliminary verification, implementation of joint inspections, as well as the connection of control and Supervisory activities and administrative law. It is shown that the reform of control and supervision activities should begin not with changes and additions to the relevant procedures, but with a rethinking of the conceptual framework for implementation control function of the state. Purpose: to analyze objects of regulation of Federal laws On protection of rights of legal entitiesand individual entrepreneurs when exercising state control (supervision) and municipal control №294-FZ On the state control (supervision) and municipal control in the Russian Federation with the positions of the control functions of the state and protection of legally protected values.Methods: system analysis of the subject of legal regulation, logical and structural analysis of legalconcepts, analysis of law enforcement practice in the implementation of certain control and Supervisory proceduresactivities.Conclusion: in the framework of the reform of control and Supervisory activities, the subject of legal regulationit should protect the rights of not only entrepreneurs, but all subjects of control and supervision, as well as values protected by law. The wording of a number of key legal concepts needs to be clarified andordering. The analysis of law enforcement practice in the field of control and Supervisory activities suggests the need to improve the procedures for detecting violations in the checked personsubject, notification of verification, initiation of unscheduled verification, preliminary verification, implementation of joint inspections, as well as the connection of control and Supervisory activities and administrative law. It is shown that the reform of control and supervision activities should beginnot with changes and additions to the relevant procedures, but with a rethinking of the conceptual framework for implementationcontrol function of the state.