Constitutional and Legal Aspects of State Control and Supervision Activities (Legal Positions of the Constitutional Court of the Russian Federation)

Aygul Faritovna Samigullina,Almas Azgarovich Imamov,Alevtina Aleksandrovna Goncharova,Ksenia Vyacheslavovna Kostina

doi:10.5539/jpl.v12n5p161

Aygul Faritovna Samigullina, Almas Azgarovich Imamov + Show 2 more

Open Access

https://doi.org/10.5539/jpl.v12n5p161

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Abstract

The presented article is devoted to the analysis of the legal positions of the Russian Federation Constitutional Court regarding the constitutionality of Russian legislation norms in the field of control and supervision activities. The generalization of the Constitutional Court practice of the Russian Federation allows you to group the decisions of the highest constitutional control body on several key issues: the limits of discretion by the legislator and law enforcer, the legal nature of state control and supervision measures, the balance of public and private interests in the sphere of relations under consideration and the guarantees of this balance. The team of authors concludes that the resolution of these problems is impossible without the Constitutional Court determining the content of a number of key concepts, developing the methodology for various constitutional principles and value balancing and, in general, focused efforts to constitutionalize Russian legislation.

Highlights

The system of state control is an essential factor that directly determines the condition of many segments of society life and the state as a whole
The foregoing allows us to formulate the purpose of the study: on the basis of the Constitutional Court of the Russian Federation practice generalization to determine the contours of sectoral legal regulation constitutionalization in the field of state control and supervision that can be considered established
The thesis that a model of public administration based on the classic tenets of power separation and representative government undergoes significant qualitative transformations in the 21st century, especially obvious in the countries of the Westminster system, is recognized by many experts

Summary

Introduction

The system of state control (supervision) is an essential factor that directly determines the condition of many segments of society life and the state as a whole. Changing legislation regulating control and supervisory activity indicates the absence of a conceptual perspective understanding of legislation development trends and practice in the field under consideration among the aggregate federal legislator. This understanding should be formed on the basis of the Constitution of the Russian Federation norms, its value, principle and program-targeted provisions. The foregoing allows us to formulate the purpose of the study: on the basis of the Constitutional Court of the Russian Federation practice generalization to determine the contours of sectoral legal regulation constitutionalization in the field of state control and supervision that can be considered established. By the time of the study, its relevance has acquired special significance due to the constant reform of the state control (supervision) system of the Russian Federation

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