The Object and Subject of Public Control in the Russian Federation: Theoretical and Legal Issues

Abstract

Social control can be considered as a legal relationship, on the one hand, and as a kind of social control, on the other. In the first case, its object is information as a public good or object of legal action, and the subject is the acquisition by its participants of subjective rights and legal obligations arising during their interaction. In the second case, the object is a participant in social interaction, whose actions and decisions are monitored and evaluated by the supervisory authority, the subject being the legal status of the object, determined by compliance with the goals and objectives of the control activity. The article examines such legal gap as the absence of clear definitions of the object and subject of public control. According to the authors, the term «public authority», which appears in these definitions, is abstract and makes perception of certain objects of public control ambiguous. The category of «publicly significant functions» used by both the federal and regional legislators and the Constitutional Court of the Russian Federation is analyzed. From the position of the latter, even non-governmental institutions can perform these functions. The possibility of including the President of the Russian Federation in the list of objects studied by the authors is also being considered. It is concluded that, in general, his activities are not subject to public control, although there appear certain elements of parliamentary control while bringing the head of state to responsibility. The importance of competitive selection of civil servants with extensive public participation is emphasized. It is noted that the latter has no effect in appointing senior officials of the Government of the Russian Federation, and this may worsen the quality of its work. The authors give recommendations for improving legislation in this area.