Регламентация контрольно-надзорных полномочий
The paper deals with the issue of the quality control over experts’ activities, the results of which are used for public administration purposes. The case in focus is the state control over temporary disability examination in the Russian Federation. This patient’s health evaluation provides the cause for sick leaves and ensures the functioning of the mandatory social insurance system. The study aims to reconstruct routine procedures and practices of external control over this medical activity and to reveal their inherent limitations. The empirical basis of analysis includes 31 semi-structured interviews with healthcare professionals and inspectors, laws and regulations of the Russian Federation, and accessible statistical data on the state inspections of medical organizations. It was revealed that in this case the initial complexity of assessing the expert’s service by its customer is complemented by the lack of clear rules of expertise, the separation of control authority between different state bodies, the purely documentary nature of inspections, as well as severe but hardly applied sanctions for low-quality temporary disability examination. The main problem is that the external control system, focused on verifying the correctness of filling out the documentation, cannot track whether all patients with sick leaves were indeed incapable of working and the insured events did take place.
The article presents a comprehensive analysis of the inspections in the form of raids. It is concluded that raid is one of the forms of state control. The definition of raids is given. This form of control hadn't been regulated by law until 2014, but had been widely used. In 2014 the legislator established an opportunity for inspection authorities to conduct raids, but did not provide any procedural requirements for them. This situation leads to a disjointed law-enforcement practice. In doctrine, there is no complex analysis of raids. The available publications are related only to specific types of raids. Due to the lack of regulation and scientific researches, the authors carry out a system analysis of the introduction of raids in the inspection and supervision activities, and also identify the types of inspection and supervision activities, where raids are most often conducted. Based on the analysis of law-enforcement practice, the authors reveal and describe in detail a number of problems that arise during the conduct of raids. Each problem is illustrated by certain practices.