Preventing violations of mandatory requirements: New qualities of preventive visit

Abstract

One of the guidelines for the reform of the sphere of state control in Russia has become the priority of preventing violations of mandatory requirements in relation to the conduct of control activities. At the same time, the types of preventive measures in terms of content and
consequences for controlled persons differ significantly, and the legislator linked the implementation of prevention with the organization and implementation of control measures. In this regard, a preventive visit stands out, which has become a popular tool for preventing
violations of mandatory requirements. The result of changes in legislation on state control,
including the establishment of features of the organization and implementation of prevention,
was a qualitative transformation of the preventive visit. At the moment, there is a tendency to replace control measures with a preventive visit, which makes it possible to use the potential for preventing violations of mandatory requirements not only as measures preceding control measures, but also as measures replacing such measures, including on the initiative of controlled persons. The indicated approach made it possible to reduce the administrative burden on controlled persons and create conditions for the effective distribution of resources of state control bodies. At the same time, the convergence of the qualitative characteristics of
a preventive visit with state control measures requires a revision of the system of guarantees for the protection of the rights and legitimate interests of controlled persons, so that within the framework of preventive measures that are carried out instead of control measures, the standard of protection of the rights of controlled persons is not reduced.

Keywords:

control, supervision, control activities, administrative reform, state control, balance interests, constitutional principles, prevention, preventive visit