Anzhelika Sakhipgareeva
PhD Student, Kutafin Moscow State Law University (MSAL), Russia
DOI: https://doi.org/10.31410/EMAN.2018.940
2nd International Scientific Conference – EMAN 2018 – Economics and Management: How to Cope With Disrupted Times, Ljubljana – Slovenia, March 22, 2018, CONFERENCE PROCEEDINGS published by: Association of Economists and Managers of the Balkans, Belgrade, Serbia; Faculty of Management Koper, Slovenia; Doba Business School – Maribor, Slovenia; Integrated Business Faculty – Skopje, Macedonia; Faculty of Management – Zajecar, Serbia, ISBN 978-86-80194-11-0
Abstract
State control is the term that is being often used in the context of governmental administration methods. In the majority of cases, the control process is initiated by a state body or a public structure for the implementation of the relevant management function. Established by law or by other regulatory legal act governmental control contains of control procedures reflecting the specifics of the controlled object and the subject of control activities (for example, parliamentary control, financial control, state human rights control, etc.).
The legal result of control process is the final document containing proposals for improving management performance activities, elimination of identified deficiencies.
Thus, Professor Osipova defines state control as an organizational and legal way to ensure legitimacy and discipline in the field of administrative management with the following classification based on various aspects.
1. Depending on the scope:
- General control-covering all activities (integrated inspection);
- Special control – carried out on a specific issue (verification of the execution of this instruction, order).
2. Subject to the time of implementation state control could be distinguished by:
- preliminary control(before action);
- Current control (executing actions) ;
- follow-up control (after action).
Depending on the methods of carrying out control checks a distinction is made between: document control, report control, complaints and inquiries control, direct control in the form of planned and unplanned continuous or targeted (on certain issues) control checks.
At the same time, it is necessary to distinguish two different terms that could seem to have the same meaning: “type of control” and “form of control”. There is a number of the most common forms of control which is being contained to all or at least to many of control types such as: report consideration on the results of controlled activities for a certain period of time or on a specific issue; target control checks on complaints, messages of mass media, reference of various judicial and investigative law enforcement agencies; audits of financial and economic activity; comprehensive target inspection of activity for the certain period of time.
Types of state control can be classified depending on the bodies that exercise it. Alongside with the internal control there are several types of supra-departmental public control exercised by bodies of representative, executive and judicial state power. In the view of N. I. Matuzov, the representative (legislative) state control of Federal level authorities is exercised by deputies of the Federal Assembly and the bodies formed by it-first of all by the Accounts Chamber of the Russian Federation and the Ombudsman for Human Rights in the Russian Federation.
The Ombudsman for Human Rights in the Russian Federation shall consider complaints against decisions or actions (inaction) of state bodies, local self-government bodies, officials, state servants, if earlier, the Complainant appealed against these decisions or actions (inaction) in court or administrative procedure, but do not agree with the decisions taken on his complaint.
When carrying out a check on complaint, the Human Rights Ombudsman has the right to conduct, independently or jointly with the competent state bodies, officials and civil servants, activities check of state bodies, local self-government bodies and officials.
Summing up, it can be noted that the internal control is carried out exclusively by the forces and by means of the state administration, higher Executive bodies of its system. The scope of this type of control is limited exclusively to the relevant industry or public administration.
Key words
legal aspects, state control, Russian law, review