On the Administrative and Legal Status of Controlled Persons in Respect of Whom State Construction Supervision Is Carried Out

Abstract

The Strategy for the Development of the Construction industry and Housing and Communal Services of the Russian Federation for the period up to 2030 with a forecast up to 2035 defines tasks for improving control (supervisory) activities in construction. These are reducing the administrative burden on developers; improving the quality and establishing the responsibility of construction control; establishing state construction supervision bodies; digitalization of state construction supervision and construction control. This is due to the fact that currently, in the vast majority of cases, there is a low quality of construction control, due to the lack of clear requirements for professionals conducting construction control and their blurred responsibility, as well as duplication of the subject of state construction supervision and the subject of construction control. In this context, it is relevant to study the administrative and legal statuses of controlled persons involved in the construction and reconstruction of capital construction projects, in respect of which regional state construction supervision is carried out. Due to the comparative legal analysis, this article identifies the distinctive features of the rights and duties of developers, technical customers and persons carrying out the construction. Measures of administrative responsibility of the above-mentioned controlled persons are also being considered. Special attention is paid to the regulatory and legal regulation of construction control in the construction process and self-regulation in the field of construction and reconstruction of capital construction facilities. As a result of the conducted research, practice-oriented recommendations for improving legal regulation in this industry have been developed.