Administrative legal regimes and local self-government
Reference:
Golubeva, T.M. (2025). Special regimes of state control (supervision): legal regulation. NB: Administrative Law and Administration Practice, 1, 1–14. https://doi.org/10.7256/2306-9945.2025.1.73236
Abstract:
The current stage of reforming control (supervisory) activities is associated with increasing the efficiency and effectiveness of state control (supervision). This goal is achieved through the application of the necessary and sufficient regime of state control (supervision). According to the author, depending on the conditions of implementation, the state control (supervision) regimes are divided into general and special ones. The article discusses such special regimes of state control (supervision) such as monitoring, constant state control (supervision), as well as a constant raid. In addition, the author suggests that temporary regimes should be attributed to special state control (supervision) regimes: a moratorium on inspections, an experiment on the use of remote control in the field of industrial safety, as well as the implementation of state control (supervision) during the operation of experimental legal regimes. The analysis of the current legislation on the regulation of state control (supervision) regimes is carried out. The methodological basis was provided by general scientific (analysis, synthesis) and special (formal-legal, comparative-legal) methods of cognition. As a result of the conducted research in the field of state control (supervision) through the application of the necessary and sufficient regime of state control (supervision), the following conclusions can be drawn. Firstly, special state control (supervision) regimes are an effective tool for ensuring safety at high-risk facilities (permanent state control (supervision) regime). Secondly, the legal regulation of special state control (supervision) regimes requires improvement through the adoption of additional regulatory acts. Thirdly, it is determined that the implementation of special state control (supervision) regimes, including temporary ones, reduces administrative pressure on business entities. In addition, the author comes to the conclusion that it is necessary to legislate temporary regimes of state control (supervision). as special regimes of state control (supervision).
Keywords:
experimental legal regimes, constant raid, permanent state control, monitoring, moratorium on inspections, State control regime, special modes, State supervision, temporary control modes, State control
Administrative and municipal law: business, economy, finance
Reference:
Chereshneva, I.A. (2025). On criteria for differentiation of the legal regime of Closed Administrative-Territorial Formations. NB: Administrative Law and Administration Practice, 1, 15–23. https://doi.org/10.7256/2306-9945.2025.1.73669
Abstract:
Territories of advanced development (hereinafter – TAD) are one of the effective tools for stimulating the development of closed administrative-territorial formations (hereinafter – CATF). Due to their specific nature-determined by the importance of national defense and state security, technological sovereignty of the Russian Federation, and the development of high-tech industries – the arsenal of traditional economic instruments for stimulating socio-economic development is significantly limited. This raises the issue of the need for differentiation of the legal regime of Closed Administrative-Territorial Formations. The objective of the study is to define the differentiation. Based on the research findings, the author concludes that it is necessary to develop a model for differentiating the legal regime of CATF as a type of territory with a special protective regime of entrepreneurial activities. The framework of this model is defined by the following criteria: 1) the departmental affiliation of CATF: the Ministry of Defense of the Russian Federation; the State Atomic Energy Corporation "Rosatom"; the State Space Corporation "Roscosmos"; 2) the nature of the activities carried out by organizations and (or) facilities located within CATF: Closed-type CATF and Open-type CATF. The latter provide greater opportunities for the use of Private Law instruments and active participation of business entities; therefore, this type includes CATF where TAD have been established; 3) the role of the government agency in the socio-economic development of CATF: direct or indirect participation; 4) the government agency interest in the socio-economic development of CATF: strong, medium, weak.
Keywords:
military-industrial complex, preference, public-private partnership, special entrepreneurial regime, state corporation, TAD, the legal regime of entrepreneurship, territories of advanced development, closed administrative-territorial formation, CATF