Analysis of the normative fixation of the category “control” in the legislation of Ukraine (in the aspect of the relationship with the adjacent category “supervision”)

Abstract

The article analyses the normative fixation of the category “control” in the legislation of Ukraine, including in the aspect of the relationship with such a related category as “supervision”.
 It was noted that the search for optimal ways of legislative regulation of any legal institution should always be based on theoretical models developed by science. This applies both to mechanisms for the implementation of various procedures, and to any norms-principles and norms-definitions. The institute of state control is no exception, the legal regulation of the terminological series of which is quite contradictory and ambiguous in nature. That is why, in the field of determining the legal essence of the “control” category, the generalization of law-making practice regarding the legal constructions of the specified term and the analysis of relevant normative samples and samples of prospective legislation are extremely relevant. In our opinion, such a systematic approach will be a favourable factor for the improvement of legislation in this area, its unification and simplification.
 It is emphasized that the fact that the indicated categories are adjacent, but not identical in terms of the content of the category, is obvious. At the same time, we do not believe that control is a generic phenomenon relative to supervision, and supervision is, accordingly, derived from control. In our opinion, both forms of influence on a certain object of administration are independent mechanisms that are used by different authorized subjects. In addition, it is seen that it is not entirely justified to call control, comparing it with supervision (as opposed to the latter), a permanent, “daily and continuous” process. It can be seen that it is not control, but surveillance that is endowed with such characteristics, since it involves continuous monitoring of a certain object, and control, as a rule, has the character of planned influence, which is applied with a certain frequency and duration strictly defined by law.