Реформа государственного контроля (надзора) и муниципального контроля

Журнал российского права. 2017. № 9. С. 34–46.

Ноздрачев А. Ф., Зырянов С. М.

The article is devoted to the reform of state control (supervision) in the Russian Federation. Control and supervision activities have a tangible and, at the same time, extremely ambiguous impact on the economy of the country, which calls for increased attention to the status of the legislation on state control (supervision) of both the state and business entities. Legislation on state control (supervision) is constantly improving, however the work on the draft of a new federal law, begun in 2014, was stopped for a number of reasons.

The purpose of the article is to analyze the development of legislation on state control (supervision), identify trends and basic patterns and determine on this basis the goals and prospective directions for its further development.

The methodological basis of the study is a set of methods of scientific knowledge, among which the dialectical method takes the leading place. General philosophical, general scientific and special legal methods of research are used. Particular attention is paid to the comparative and systematic methods of research. A comparative analysis of administrative and legal norms on the organization and implementation of state control (supervision) was carried out.

The authors examined the stages of modernization of the state control and supervision activities, highlighted current problems in the implementation of state control (supervision), and also analyzed the new draft federal law on state control (supervision) and municipal control. The main novelties of the draft federal law on state control (supervision) and municipal control are investigated, their advantages and disadvantages, their correlation with the adopted concepts and development strategies of legislation, as well as with the legislation of the EAEC.

According to the authors, a number of short stories, including the provisions on the application of a risk-based approach to the organization of control and supervisory activities deserve a positive assessment, at the same time, neither the current legislation nor the draft law forms a complete legal institution of state control (supervision).

The study conducted by the authors allowed to formulate the tasks of the next stage of the reform of the control and supervisory activities.

Keywords: supervision, risk, state control, оценка и управление рисками, государственный контроль (надзор), контролирующие органы, проверка, законодательство о государственном, муниципальном контроле (надзоре), административное давление на бизнес, защита прав юридических лиц и индивидуальных предпринимателей, риск-ориентированный подход, protection of the rights of legal entities, risk-oriented approach, risk management system, redundancy of administrative pressure, non-state control