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Administrative and municipal law
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Alekseev D.B. Government control system

Abstract: The author considers the topical problems of improvement of government control mechanism in the Russian Federation in the light of the public discussion over the draft law “On the grounds of government and municipal control (supervision) in the Russian Federation”, submitted by the Ministry of Economic Development. The object of the research is government control and its forms. The author considers the problem of differentiation of the notions “control” and “supervision”. Special attention is paid to the accentuation of independent organizational-legal forms of government control. The article is aimed at the theoretical and practical systematization of the control function of public administration. The methodology of the research comprises the general scientific and special methods. The author applies the systems analysis and the moving from abstract to concrete. The author also uses the comparative-legal, the formal-legal, the system-structural and some other methods. The author develops the original approach to the systematization of government control activity, introduces the notion of organizational-legal forms of government control activity. In the author’s opinion, the system of integrated government control includes two main directions of its application: control over the quality of public administration execution by the authorities (parliamentary control, presidential control, judicial control, ombudsmen control, and internal control of executive bodies); supervision of economical activity of private entities in various material spheres of life (administrative supervision). Within these areas government control activity exists in institutionally isolated organizational legal forms, created through a unique combination of the subjects of control and their methods. Thus, the author offers the criteria for the legal differentiation of the notions “control” and “supervision”, and comes to the conclusion about the necessity to adopt a special federal law “On the system of government control in the Russian Federation” and the Code of Administrative Supervision. 


Keywords:

government control, government supervision, forms of control, forms of supervision, government control system, government control activity, supervisory activities of the State, public administration, functions of public administration, subjects of government control


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