Ошибки и нарушения, возникающие в ходе реализации административных контрольно-надзорных процедур: понятие, источники и виды

Abstract

In this article, the author analyzes the practical side of the implementation of administrative control and supervisory procedures by executive authorities in the course of implementing the functions of state control (supervision), namely, an attempt is made to study the errors and violations made by control and supervisory authorities. In the course of the analysis of a set of doctrinal, regulatory and legal sources, as well as materials of law enforcement and judicial practice, the concept of errors and violations is formulated, such defects of the administrative control and supervisory procedure as errors, gross violations and non-gross violations are identified, differing both in their content and in the accompanying consequences. The author also identifies the sources of violations in the activities of executive authorities in the course of their control and supervisory functions. Based on the sources of gross violations of the administrative control and supervisory procedure, a classification of such violations is carried out, including violations of an informational nature, violations of the subjective nature of the composition of participants in the procedure, violations of the procedure and others. In the course of the study, the author also expresses a position regarding the expansion of the interpretation of the concept of “gross violation” and the need to make appropriate changes to the current regulatory legal acts governing the establishment and implementation of administrative control and supervisory procedures.