Administrative and legal aspects of the development of a risk-oriented approach in Russia based on foreign practice
In: Gosudarstvo i pravo, Heft 10, S. 116
The article discusses the current administrative and legal aspects of certain areas of reform of control and supervisory activities in the Russian Federation regarding the introduction of a risk-based approach, the process of its implementation and automation of this activity in comparison with foreign countries, including the countries of the British Commonwealth, the USA, Australia, etc. In the process of research, general scientific and particular scientific methods of cognition were applied: analytical, logical, mathematical, structural-functional, comparative-legal. The main contribution made by the authors in this article is the conclusion that it is necessary to develop legislation in the field of improving administrative and legal relations in the field of the state control system, supervision in general, and a separate direction for the modernization of this activity - a risk-based approach to the planning of ongoing inspections, in particular. The authors have developed a methodology for determining risk categories, and proposed mechanisms for its implementation in the Russian control and supervision doctrine as a basic organizational and legal principle that contributes to the qualitative development of a risk-based approach, the use of dynamic risk assessment models, and the transition to smart state regulation of the sphere of control and supervision.