Trofimchuk N.V. On some problems of the institution of control (supervision) over entrepreneurial activities according to the legislation of the Russian Federation

Abstract: The research subject is the range of legal and law enforcement problems of government control (supervision) and municipal control over entrepreneurial activities. The author analyzes legal regulation of this sphere of social relations, its importance and effectiveness. The main attention is paid to the problem of unification of the procedure of government control (supervision), municipal control and the role of the Federal Law “On the protection of rights of legal entities and self-employed persons upon the realization of government and municipal control (supervision)”. Besides, the author carries out theoretical and legal analysis of the concepts of “interaction” of supervisory bodies, legal entities and self-employed persons and “market manipulation”. The article demonstrates the author’s positions on the interpretation of these categories. The research methodology comprises the modern achievements in epistemology. The author applies theoretical and general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling) and traditional legal methods (formal logical). The author concludes that at present there is no uniform legal basis for the activities of supervisory bodies, and there is no framework vector of its development. The main contribution of the author is the proposals about the improvement of legal regulation of the relations under consideration. The novelty of the study consists in the proposals about amending the text of the Federal Law “On the protection of rights of legal entities and self-employed persons upon the realization of government and municipal control (supervision)” with the procedure of pre-trial appeal of decisions, actions (inactions) of supervisory bodies with account for the particularities of this form of activity of public and municipal authorities. The article demonstrates the author’s position on the interpretation of the concepts of “interaction” of supervisory bodies, legal entities and self-employed persons and “market manipulation”

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