Административно-правовые основы проведения проверок в рамках осуществления федерального государственного энергетического надзора

Abstract

The reform of the control and supervison activities of the Russian Federation authorities is studied in the article on the example of the implementation of the federal state energy supervision. The provisions are compared related to the current federal laws on the state control (supervision), and those that will enter into force on July 1, 2021. The implementation of a risk-oriented approach in the activities of Rostechnadzor, and the changes during inspections and implementation of such a new control activity as an inspection visit are also considered in the article. These changes are associated with a decrease in the administrative burden on the activities of the organizations controlled by Rostechnadzor. This will be facilitated by greater transparency of the procedures for control activities, the implementation of a risk-oriented approach, simplification of the procedure for appealing an audit, and a reduction in the period for conducting an audit. With the implementation of a risk-oriented approach in 2018 in the Provision on the implementation of the federal state energy supervision and assignment of risk categories to the controlled organizations within the framework of the federal state energy supervision, the unscheduled inspections are carried out, and from 2021, the scheduled inspections will begin. Introduction of the checklists into the inspection procedure should affect the clarity of the inspection procedure itself and the interaction of control bodies and controlled organizations. Also, the issues of special administrative and legal bases for conducting control activities in terms of the implementation of state control in the field of electric power and heat supply, in the field of energy saving and compliance with the requirements of protected zones require further consideration. Changes are proposed to the checklists regarding the implementation of the federal state energy supervision and the allocation of specific sections in them.