THEORETICAL AND METHODOLOGICAL BASE FOR IMPROVEMENT OF LEGAL SUPPORT OF STATE CONTROL

Abstract

In scientific literature, the concept of “control” is considered in a broad and narrow aspect. In the first case — as a set of political, economic and ideological processes and methods, which must ensure the stability of society and the state system, the observance of social order, the impact on mass and individual consciousness, that is, social control. In the second one — as a check of controlled objects.

Control in public administration — carried out by all state authorities and their officials (official) activities to verify compliance with the law and discipline in the state, whose subjects may interfere with the economic activities of the controlled entity. It is substantiated that such supervision and control more effectively achieve their goal, the more clearly and effectively these functions are performed, and they are more perfect, transparent and understandable for all. It is concluded that the content of state control over economic activity includes, firstly, observation of the compliance of economic entities with the desired state of quality, safety of products, services rendered and their production. This (desired) state is determined in the relevant laws, regulations and standards, norms, etc.

Within the framework of the theory of systems, a powerful scientific toolkit has been developed that can be used effectively enough both in determining the technology of normative production and control technology, which will significantly improve the quality of legal decisions and control itself. Such toolkit should include system methodology, system analysis. The system of system analysis is an extremely potentially powerful means of detecting and solving real (non-fictitious) problems. One should not only distinguish the concept of supervision and control, but, and, at the same time, systematically see the sequence and connection of these processes. Supervision is observation, monitoring (comparison of the actual state of economic activity with normative, planned, normalized), detecting deviations, and control is a function consisting in processing the data obtained as a result of supervision and identifying the reasons for the deviation of the actual state from the normative (desirable). In theory, such a filling of the concept of control is based on the managerial nature of these processes. It is advisable to distinguish between the concept of supervision and control in the field of economic activity. The theory of administrative proceedings, in particular, rule-making proceedings, continues to dominate the recommendations of the so-called descriptive nature. Within the framework of the theory of systems, a powerful scientific toolkit has been developed that can be used effectively enough both in determining the technology of normative production and control technology, which will significantly improve the quality of legal decisions and control itself.