国家控制和监督的价值论方面

S. Agamagomedova
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引用次数: 1

摘要

本文的研究对象是价值论视角下的国家控制与监督。后者的第一个层面使得国家控制和监督作为行政形式的价值得以确定;第二层次是对国家的控制和监督活动与受法律保护的价值整体之间的关系的理论和法律依据的变体。本文的目的是提出确定国家控制和监督价值的方法技术,这被理解为在使用其他行政形式实现监管目标的可能性的背景下,这些机构在整个公共行政系统中的重要性。国家控制和监督活动的价值,从在放松管制过程框架内用其他监管机制取代国家控制和监督的可能性(横向方法)的角度得到证实,并考虑到这些行政形式的先前发展(进化方法)。国家控制和监督的价值被视为确保保护受法律保护的价值的能力,同时尽量减少公共当局对受控制活动的干预。所考虑的管理形式的价值是用放松管制的范畴来证实的,放松管制被理解为:某一社会关系领域的发展过程;国家权力下放的过程;趋向于扩大主体自由,向“软”规制过渡;减少和简化行政程序的过程(程序放松管制)。国家控制和监督价值的确定与在某一监管领域用其他管理形式替代这些管理形式的可能性的正当性有关,这决定了各种管理形式和机制的特定比例。从演化的视角看,国家控制和监督的价值是由这些行政形式在国家权力体系中的前期发展决定的。在国家监督控制体系中“受法律保护的价值”这一范畴的理论和法律依据框架内,各种立场得到凸显。最后,本文提出了一个现代公式:国家控制和监督-具有社会意义的结果-强制性要求-受法律保护的价值。
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Axiological Aspects of State Control and Supervision
The subject of research is state control and supervision from the point of view of axiological approaches. The first level of the latter makes it possible to determine value of state control and supervision as administrative forms; the second level forms variants of theoretical and legal substantiation of the correlation between the control and supervisory activities of the state and the totality of values protected by law. The aim of the article is to propose methodological techniques for determining the value of state control and supervision, which is understood as the importance of these institutions in the public administration system as a whole in the context of the possibility of using other administrative forms to achieve regulatory goals. The value of the control and supervisory activities of the state is substantiated from the point of view of the possibility of replacing state control and supervision with other regulatory mechanisms within the framework of deregulation processes (horizontal approach), as well as taking into account previous development of these administrative forms (evolutionary approach). Value of state control and supervision is seen as the ability to ensure the protection of legally protected values with minimal interference of public authorities in controlled activities. Value of the considered management forms is substantiated using the category of deregulation, which is understood as: process of development of a certain sphere of social relations; process of delegating state powers; trends to expanding the freedom of subjects, transition to “soft” regulation; process of reducing and simplifying administrative procedures (procedural deregulation). Determination of the value of state control and supervision is associated with the justification of the possibility of replacing these management forms with others in relation to a certain area of regulation, which determines a specific ratio of various management forms and mechanisms. From the point of view of evolutionary approach, value of state control and supervision is determined by the previous development of these administrative forms in the system of state power. Within the framework of the theoretical and legal substantiation of the category “values protected by law” in the system of state control and supervision, a variety of positions are highlighted. As a conclusion, a modern formula is proposed: state control and supervision — socially significant results — mandatory requirements — values protected by law.
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33.30%
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9 weeks
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