作为行政法研究所的控制与监督活动

IF 0.2 Q4 LAW BRICS Law Journal Pub Date : 2023-08-08 DOI:10.21684/2412-2343-2023-10-2-156-183
V. Gavrilenko, V. Shenshin, V. Gavrilenko, V. Shenshin
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引用次数: 0

摘要

本文论述了当前正在进行的“监管断头台”改革的相关方向。具体而言,本文重点关注控制和监督活动监管的新趋势的发展。分析了改革的原因,改革的目标和目的,以及取得的成果。结论是,“监管断头台”启动的关键原因是监管框架的冗余和道德过时问题。此外,还介绍了俄罗斯联邦公共当局进行的控制和监督活动的现状,分析了趋势,总结了正在进行的改革的结果。改革实施中的一个主要问题是腐败。控制和监督活动的过度官僚化被强调为影响向电子文件管理过渡的关键因素。结合已确定的问题,确定了以下潜在的未来研究领域:电子文件管理的引入和合法化,减少腐败,一些部门改革不可能退出,各种威胁的识别等等。在评价外国管制和监督机构活动的效力时,重点已从评价检查的实际次数、发现的违法行为、所施加的罚款和处罚、公开的刑事案件、退回预算的非法公款的数额等,转移到评价所揭露的事实和预先预防的事件的“数量”和“质量”。以这样或那样的方式对国家和社会的安全构成潜在威胁。因此,这意味着存在无法实现具有社会意义的指标(结果)的风险,社会最终根据这些指标(结果)来评价一般政府机构的活动,特别是控制和监督机构的活动。
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Control and Supervisory Activities as an Institute of Administrative Law
This article discusses the currently relevant direction of the ongoing reform of the “regulatory guillotine.” Specifically, the article focuses on the development of new trends in the regulation of control and supervisory activities. The reasons for the reform, its goals and objectives, as well as the results achieved, are analyzed. It is concluded that the key reason for the launch of the “regulatory guillotine” is the problem of redundancy and moral obsolescence of the regulatory framework. Furthermore, the current state of control and supervision activities carried out by the public authorities of the Russian Federation is characterized, trends are analyzed and the results of the ongoing reforms are summarized. One of the main problems in the implementation of the reform is corruption. Excessive bureaucratization of control and supervisory activities is highlighted as a key factor influencing the transition to electronic document management. In connection with the identified problems, the following potential areas for future research have been identified: the introduction and legitimization of electronic document management, the reduction of corruption, the impossibility of withdrawing from the reform of some departments, the identification of all kinds of threats and so on. In evaluating the effectiveness of the activities of control and supervisory bodies in foreign countries, the emphasis has shifted away from assessing the actual number of inspections, violations detected, fines and penalties imposed, open criminal cases, the amounts of illegally spent public funds returned to the budget, etc., and to assessing the “quantity” and the “quality” of the facts revealed and the events prevented in advance, which in one way or another contained a potential threat to the security of the state and society. It was thus implied that there was a risk of not achieving socially significant indicators (results), on the basis of which society ultimately evaluates the activities of government bodies in general and the activities of control and supervisory bodies in particular.
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来源期刊
CiteScore
0.70
自引率
25.00%
发文量
22
审稿时长
8 weeks
期刊介绍: The BRICS is an acronym for an association of Brazil, Russia, India, China and South Africa, evolved from mere investment lingo to an organized network, in the process assuming a greater geopolitical role aimed at institutional reforms that shift global power. All five countries adhere to principles of inclusive macroeconomic and social policies and are focusing on responsible national growth strategies. The BRICS Law Journal is a platform for relevant comparative research and legal development not only in and between the BRICS countries themselves but also between those countries and others. The journal is an open forum for legal scholars and practitioners to reflect on issues that are relevant to the BRICS and internationally significant. Prospective authors who are involved in relevant legal research, legal writing and legal development are, therefore, the main source of potential contributions.
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