Release:
Vesntik TSU. law (#3). 2013About the authors:
Lyubov S. Kozlova, Cand. Sci. (Jur.), Associate Professor, Department of Administrative and Financial Law, Institute of State and Law, University of Tyumen; kozlova_l_s@mail.ruAbstract:
This article analyzes new laws in the area of regional control as well as its practical implementation that follow from the administrative legislation reform of February 1, 2013. It is clear that the assigned powers as well as the delegated regional jurisdiction in the area of control (supervision) are regulated by the Federal Statutes. The procedural regulation of the regional governmental control (supervision) in the administrative subjects of the Russian Federation is implemented mostly through the subordinate acts (including the Tyumen Region). There are only five regions that conform to the Regional Statutes. Certain regional governmental bodies are allotted the powers of control, which constitute a conflict of laws, when compared to the 2nd article of the Federal Statute No. 294, in paragraphs 1 and 4, and should be avoided. The authors suggest that the areas of the regional governmental control as well as the executive bodies performing the control functions should be defined in its entirety in the Regional Statutes, whereas the subordinate acts, such as the administrative rules and regulations, shall determine the requirements and the types of the regional governmental control and the administrative procedures governing such control. The defined conflicts of the legislative regulation over the regional control indicate the need for the legislative improvement. The authors propose that the following improvements need to be made in order to solve the current inconsistencies and remove the loopholes in law: unified legal terminology should be adopted; designated areas of control, defined governmental bodies and the powers delegated to them, should be wholly defined; requirements for the reviews performed should be spelled out; the duplicative powers assigned to the various regional executive bodies should be eliminated. These administrative regulations will improve the administrative legislature and procedure in the area of the regional governmental control (supervision).Keywords:
References:
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