Search for the optimal model of control and supervisory activities: The experience of Russia and China

Abstract

One of the aspects of ensuring public interest is to determine the order of organization and implementation of state activities, the purpose of which is to minimize the risk of harm to legally protected values caused by violations of mandatory requirements. The achievement of this goal largely depends on the model of control and supervisory activities that will be implemented by the state. The authors see the optimal model of control and supervisory activities as balanced if based on constitutional principles. The authors consider the experience of Russia and China in creating a modern model of control and supervisory activities and propose to consider approaches to their search that would not only achieve the goal of control (supervision), but also ensure that the balance of interests of the state, society and individual individuals is maintained. Such a search has not been completed in both states. Actually there is a unified approach — in Russia and China the legislator seeks to form a model that would ensure a balance of interests. The authors turn to the constitutional principles of state control and supervision as an activity related to interference with the freedom of a private person. The study revealed a difference in approaches to the issue of reforming control and supervisory activities both in terms of the dynamics of changes and the consistency of approaches. In relation to the Russian experience, the development of legislation in the field of control and supervisory activities allowed to identify the characteristics of changes and the correlation of control and supervisory activities in the system with other types of administrative activities. The Chinese experience reveals the ongoing search by the Chinese leadership for a system of legal regulation in the conditions of uncodified legislation, numerous subordinate regulations and the inconsistency and uncertainty of legal norms.