Право/2. Административное и финансовое право

B.A. Sarbassov teacher of "Legal regulation of economic relations", Master of Law

Karaganda еconomic university of Kazpotrebsoyuz, Kazakhstan

Comparative characteristics of the concepts of control and supervision by the legislation of the Russian Federation and the Republic of Kazakhstan

State control and supervision are essential functions of government, aimed at achieving the goals of management, the solution of problems faced by the state. Relevance of the chosen topic is due not only to public policy, but also the needs of the theory and practice of administrative law. In theory, there is no law comparative, structural and functional analysis of the legislation on the control and supervision of Kazakhstan and Russia, and there is still no clear distinction between the concepts of 'control' and 'surveillance'. These factors lead to problems of enforcement in practice, the duplication of public authorities, or neglect of their duties.

In the current context of modernization States (Russian Federation and the Republic of Kazakhstan) is becoming increasingly important the smooth functioning of the monitoring and supervision in all aspects of society. The control and supervisory legal form of dynamism give the necessary transformations taking place in the countries (the Customs Union between the Republic of Kazakhstan, the Republic of Belarus and the Russian Federation), becoming one of the decisive factors of the real deepening of democracy, the rule of law and building a civil society.

In the ordinary sense of the word "control" and "supervision" - a word - synonymous. By definition, an explanatory dictionary of the Russian language "surveillance" - monitoring to supervision, inspection, and "control" - check, as well as constant monitoring in order to review or oversight. Based on this understanding, the concept of "control" and "supervision" is difficult to distinguish.

If we talk about the problem of the relation of these concepts, it is safe to say that the legislation of the Russian Federation does not have a clear distinction between "control" and "supervision". This problem can be seen in the Russian Federation Law "On protection of entrepreneurs in the exercise of state control and supervision (municipal control)." So try to determine the relation of these concepts.

According to the Russian Federal Law № 294-FZ of the definition of "state control (supervision)," reads as follows: the activities of the bodies of both the federal level and the subjects of the Russian Federation, which means activities aimed at the prevention, detection and suppression of violations of legal persons, their leaders and other officials, individual entrepreneurs, their duly authorized representatives of the requirements established by the federal law, other federal laws and in accordance with, other legal acts of the Russian Federation, laws and other normative legal acts of the Russian Federation, by organizing and conducting inspections of legal persons, individual entrepreneurs, decision-laws of the Russian Federation to eradicate and (or) eliminate the effects of violations, as well as the activities of these authorized agencies of the government to systematically monitor the implementation of the mandatory requirements, analysis and forecasting of the state of implementation of mandatory requirements in the implementation of legal entities and individual entrepreneurs. As we can see, the Russian legislator concept of "state control" and "government supervision" were not delineated.

According to the legislation of the Republic of Kazakhstan "On State Control and Supervision" of January 6, 2011 № 377-IV SAMs (hereinafter - the Law of the Republic of Kazakhstan № 377-IV) the concept of "state control and" government supervision "were delineated.

The Law of the Republic of Kazakhstan № 377-IV, in Article 1 defines the concept of "state control" as the activity of the public body for inspection and monitoring of audited entities for their compliance with the requirements established by the legislation of the Republic of Kazakhstan, in the implementation and the results of which measures may be applied the nature of law enforcement character without prompt response.

"State supervision" - the activity of public authority to verify and monitor compliance with legal requirements of the audited entity of the Republic of Kazakhstan, in the implementation and the results of which may be subject to measures the nature of law enforcement, including prompt response.

Also note that the Kazakh legislator was not a definition of the concept of "measures the nature of law enforcement", we believe that this is an important omission of the legislator, as this concept is important in determining the impact of the measures for the administrative offense inspected entities.

In our opinion, the measures ofthe nature of law enforcement are used by state control and supervision bodies are not associated with an administrative offense and examples of such measures may include: loss of license, restricting opportunities to engage in certain activity, the arrest, that is all that limits the rights of man, to engage in certain business activities. If we consider the federal laws, Decrees of the Government and other regulatory legal acts of Russia, we can observe an interesting consolidation of concepts under consideration For example, we are considering the Federal Law № 294-FZ "On the Protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control," the concept of "control" and "supervision" of a term is used in brackets after the other. In some legal acts, for example, in the Decree of the Government of the Russian Federation dated June 22, 2007 № 394 "On approval of the Regulation on the implementation of state forest control and supervision", as we see the term is used by the conjunction "and."

Third, using only one of the terms. For example, the Government Decree of February 1, 2006 № 54 "On State Construction Supervision of the Russian Federation." Now these and other normative legal acts of the offer consideration in Kazakhstan, primarily the Law of the Republic of Kazakhstan "On State Control and Supervision", these concepts are considered separately.

Forest Code of the Republic of Kazakhstan, in section IV has provided the following order: "Public administration and supervision in the field of protection, preservation and use of forest fund, reforestation and afforestation" (Articles 19-21), that is, the term "control" is considered one.

But, nevertheless, it should be noted that in some normative-legal acts of the Russian separated these functions. This situation can be found in the Federal Law "On General Principles of Local Self-Government in the Russian Federation", in the "Code of inland waterway transport". Thus, as noted, MS Netesova, "Legislation to some extent, still separates the control and supervision, to use a particular term in relation to various management situations, but it is done in a rather haphazard manner. Such a situation makes it difficult to build public management control and supervisory systems and appropriate sanctions".

These findings and our position to some extent correct delineation highlight issues of control and supervisory functions of the State under the laws of Kazakhstan, on the basis of the analysis and synthesis of the protected circle of interests on a scale correlated, respectively, with the interests of society and the state. In the implementation of control activities of state priority is to achieve the goals of the normal functioning of the state apparatus. In the process of supervision of strict performance and compliance with the applicable laws and regulations, the state acts as an advocate for the interests of society as its official representative and guarantor of the security status of settlement and order in the country.

The List of the sources and literature:

1. Ozhegov S.I., SHvedova K.YU. Explanatory dictionary russian yazyka. - M.: Russian language, 1994. - 343 s.

2. The Law of the Republic Kazakhstan "About state checking and control" from January 6 2011 377-IV. "Kazakhstan truth" from January 15 2011 13-14 (26434-26435)

3. The Resolution Government RF from June 22 2007 394 "About approving the Position about realization of the state timber checking and control". The Meeting legislation to Russian Federation from July 2 2007 27 cl. 3282.

4. Netesova M.S. "About delimitation function checking and control in state management" Journal "Power" February 2002. S.99.