Ограничение вмешательства государства в экономическую деятельность субъектов предпринимательства
Analytical report addresses the pressing problems of the state control (supervision) and municipal control in the Russian Federation. The study summarized the results of enforcement of the Federal Law of December 26, 2008 № 294-FZ "On the Protection of the rights of legal entities and individual entrepreneurs at the state control (supervision) and municipal control" since May 2009. In preparing the report authors identified significant problems of legal regulation in this area and the mechanisms to address them. For all interested in the problems of state control (supervision) in the Russian Federation and the performance of supervisory functions of the organs of state power and local self-government.
The article is devoted to evaluation of normative definition of production and consumption wastes and to the particular qualities of transfer of ownership. Thus the author proposes to consider as wastes any things that have been rejected by the owner. Up to the article a tool by which «a waste» can be turned into «a product is required. With this tool a number of difficulties in human activity can be removed. There are some variances that appear when an owner of wastes that are kept in a landfill has no access to his wastes but up to our legislation is liable for the possible harm. There are proposed some ways to adjust differences.
The article examines "regulatory requirements" as a subject of state control over business in Russia. The author deliberately does not use the term "the rule of law". The article states that a set of requirements for business is wider than the legislative regulation.
First, the article analyzes the regulatory nature of the requirements, especially in the technical field. The requirements are considered in relation to the rule of law. The article explores approaches to the definition of regulatory requirements in Russian legal science. The author analyzes legislation definitions for a set of requirements for business. The author concludes that regulatory requirements are not always identical to the rule of law. Regulatory requirements are a set of obligatory requirements for entrepreneurs’ economic activity. Validation failure leads to negative consequences.
Second, the article analyzes the problems of the regulatory requirements in practice. Lack of information about the requirements, their irrelevance and inconsistency are problems of the regulatory requirements in Russia.
Many requirements regulating economic activity are not compatible with the current development level of science and technology. The problems are analyzed on the basis of the Russian judicial practice and annual monitoring reports by Higher School of Economics.
Finally, the author provides an approach to the possible solution of the regulatory requirements’ problem. The author proposes to create a nationwide Internet portal about regulatory requirements. The portal should contain full information about all regulatory requirements. The author recommends extending moratorium on the use of the requirements adopted by the bodies and organizations of the former USSR government.