Morozov S.A. —
Modern legal regulation of administrative control and supervisory procedures
// Law and Politics. – 2024. – ¹ 9.
– P. 145 - 159.
DOI: 10.7256/2454-0706.2024.9.71616
URL: https://en.e-notabene.ru/lpmag/article_71616.html
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Abstract: The implementation of administrative reform in the Russian Federation, which affected various areas of public administration, including the control and supervisory sphere, caused drastic transformations in the activities of authorities implementing the functions of state control (supervision). The adoption in 2020 of a number of federal laws, and especially Federal Law No. 248-FZ dated 07/31/2020 "On State Control (Supervision) and Municipal Control in the Russian Federation" radically changed not only the forms of state control (supervision), the composition of administrative actions, the system of guarantees for the protection of the rights and freedoms of controlled persons, but above all – in legal regulation. Within the framework of this article, the author analyzes the existing modern regulatory and legal regulation of the establishment, implementation and execution of administrative control and supervisory procedures. To conduct the research, the legal methods themselves were used, including the comparative legal method, the formal legal method, and the method of interpreting law. As a result of studying the theoretical and regulatory aspects of the topic under study, the author identifies four levels of regulation of this type of administrative procedures: constitutional and legal (consolidation of the principles and rights and freedoms of citizens protected by the Constitution of the Russian Federation), the level of federal laws (the basis for regulating control and supervisory procedures containing framework regulations), the level of subordinate regulatory legal acts (provisions on the types of federal state control (supervision), administrative regulations), as well as the level of acts accompanying the conduct of state control (supervision), the characteristics of the main normative legal acts regulating the implementation by state control (supervision) bodies of administrative control and supervisory procedures, including the federal law "On State Control", administrative regulations, regulations on the types of state control (supervision), as well as measures to improve them are proposed.