Categorization of controlled persons as a condition for the selectivity of state control and supervision

Authors

DOI:

https://doi.org/10.17308/vsu.proc.law.2020.3/2981

Keywords:

state control and supervision, risk level, selectivity and sufficiency, categorization of controlled persons, good faith, reform of state control and supervision, administrative responsibility

Abstract

The article examines the categorization in relation to the objects of control and supervision activities. The categorization of controlled entities is considered as a condition of selectivity and sufficiency of state control and supervision. It is concluded that the categorization of controlled persons has been inherent in the system of state control and supervision for a long time. In the context of the reform of control and oversight activities, it acquires a new level due to the need to select an object and the level of control and oversight impact in order to save state resources. Differentiation of controlled persons is also used in the prevention of violations as a priority component of the modern system of state control and supervision. Given that the categorization of controlled persons is carried out on the basis of the level of risk, an analysis of the criteria characterizing the level of risk of harm to the values protected by law is given. The conditions for the successful use of categorization are: regular risk reassessment; the ability to transfer controlled entities from one category to another; accounting for the state of the sphere of control and supervisory impact. The problems of categorizing controlled entities during the implementation of state control and supervision include the lack of a systemic connection between the reform of control and supervision activities and the work on optimizing the norms of the Code of Administrative Offenses of the Russian Federation, as well as insufficient consideration of the economic integration factor.

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Author Biography

  • Saniyat Abdulganievna Agamagomedova, Penza State University

    Candidate of Law, Associate Professor, Associate Professor of the Department of State Legal Disciplines, Penza State University; Phone: 8927 362 76 45; 440026

References

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Published

2020-07-27

Issue

Section

Administrative Law and Proceedings