Риск-ориентированный государственный контроль (надзор)

Публичное право сегодня. 2017. № 2. С. 9–17.

Glushko E. K.

In recent years the status of state control (supervision) causes severe criticism from the side of economic agents and is regarded as one of the major administrative barriers. Amendments to the regulations to improve the situation were aimed to change the nature and direction of state control (supervision).

The article is devoted to one of these innovations – the risk-oriented state control (supervision). Riskoriented approach in the implementation of state control (supervision) is considered in the article as administrative activities of principally preventive nature, one of the main purposes of which is to prevent the possibility of damage to protected values. Possible difficulties and shortcomings of this approach are analyzed. One of the main problems is in the uncertainty of who and how will establish risk and hazard categories in the potential opacity of this process. Risk-oriented control like any other selective control requires the creation of special mechanisms and procedures to solve the problem of the correct choice of controlled objects, otherwise the validation activities can be implemented on objects with no violations, and ignore objects where mandatory rules are not followed. Risk-oriented state control (supervision) spread is unlikely to be successful without a reliable legal basis. Current legal regulation seems to be incomplete. First of all, it concerns the insufficient legislative base. This issue could be solved in the Federal law on fundamentals of state and municipal control (supervision) in the Russian Federation, but its adoption is unreasonably prolonged.

Keywords: административная реформа, государственный контроль (надзор), administrative reform, state control (supervision), степень риска, risk level, риск-ориентированный подход, категория опасности, проверочные действия, охраняемые ценности