Andriiko O. F., Banchuk O. A. The forms and methods of administrative control in the conditions of decentralization of executive power
DOI: 10.33663/0869-2491-2019-30-277-289
Andriiko O. F., Banchuk O. A. The forms and methods of administrative control in the conditions of decentralization of executive power
The publication is devoted to the analysis of modern forms and methods of the state control in the system of executive power institutions and to their legal foundations under conditions of the power decentralization. The issues of legal regulation of the forms and methods under current conditions, their interrelation and interdependence are researched in the publication. It is claimed diversity of their existence substantiates need in their classification.
The publication identifies such main problems of administrative control implementation:
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lack of general and high quality legal regulation of inspections;
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prevalence of personal contacts with inspectors;
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direction the activity of inspection bodies to detect the violations in every case.
There are a large number of areas where are different rules for the start of inspections are identified, a list of persons’ rights and the conditions for their limitation, the terms of inspections, the completion of inspections, the elimination of violations and the prosecution of persons.
The prevalence of personal contacts between persons and inspectors means the possibility of creating objective or subjective obstacles for the conduction of entrepreneurial activity – as a result of the removal of the necessary documentation or closing of warehouses and premises, and the need to provide assistance to the inspectors, etc.
The publication suggests to legislators to significantly expand the methods of “depersonalization” of inspections. The meaning of this proposal is to give the right to carry out on-site inspections to inspection bodies that can implement their powers on the basis of written information – only in exceptional cases. It is also proposed to limit the number of both scheduled and unscheduled inspections conducted over a specified period (one, two or three years).
The direction of the activities of inspection bodies to detect the violations in every case is based on the common practice of establishing unofficial “plans” of inspections, detected violations and fines. In this situation it is not the prevention of unlawful behavior which is the priority, but the task of collecting fines. In this way, inspection bodies become interested in more violations, rather than in their reducing.
Comprehensive implementation of various methods is directed at the efficiency and quality of control, and at the same time, the realization of control powers, which are determined by the competence of the subjects of control in the conditions of decentralization of executive power.
Key words: forms of state control, methods of state control, expertise as a form of control, decentralization of power, types of the control methods.
References
1. Vitvitskyy S. S. Kontrol diyalnosti publichnoyi administratsiyi v Ukrayini: teoriya i praktyka. Dnipropetrovsk: «Lira LTD», 2015. S. 225.
2. Yurydychna entsyklopediya : v 6 t. / redkol. : Y.S. Shemshuchenko ta in. Kyiv : Vyd-vo «Ukrayinska entsyklopediya» im. M.P. Bazhana, 1999. T. 2. S. 333. 3. Opryshko V. F. Pravovye osnovy hosudarstvennoho upravlenyya kachestvom produktsyy. Kiev, 1989. S. 139. 4. Kalyuzhnyy R. A. Nauchno-tekhnycheskyy prohress v deyalnosty pravookhranytelnykh orhanov. Kiev, 1990. 160 s.
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