The relevance of this study stems from the ongoing reform of the Russian Federation (regulatory guillotine) in the control and supervisory domain of enforcement authorities. The emphasis of the reform is enhancing security and elimination of excessive administrative burden on regulated business entities, construction of new mandatory requirements that are abreast with up-to-date technological development and risk-based approach, introduction of detailed rules governing the organization of supervisory activities. The instrument for attaining the reform objectives is “regulatory guillotine” which involves an inventory of all existing mandatory requirements in numerous legal acts for determining the relevance of the requirements to contemporary realities. Relevant norm remains intact; if it fails to meet the requirements, it is cancelled or modified. It is known for certain that some norms subjected to legal analysis through the lens of the “regulatory guillotine” were adopted in the USSR. The article analyses the administrative discretion in the supervisory activity of public authorities. Strengths and weaknesses of exercising administrative discretion in the control and supervisory activity of public authorities are considered. A study is underway on certain provisions of the Federal Acts “On Mandatory Requirements in the Russian Federation”, “On State Control (Supervision) and Municipal Control in the Russian Federation”. Moreover, it examines impact of digitalization on the administrative discretion. The study identified issues that need to be addressed in the reform of the “regulatory guillotine”, views on the necessity to enhance the institution of administrative discretion, the urgency for its legislative regulation and improvement of implementation.
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20 January 2022
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Milshin, Y. N., Anikin, S. B., Sergun, P. P., Dubovik, T. I., Permyakov, A. I., & Evdokimov, A. S. (2022). Administrative Discretion In The Control And Supervisory Activities Of Public Authorities. In S. Afanasyev, A. Blinov, & N. Kovaleva (Eds.), State and Law in the Context of Modern Challenges, vol 122. European Proceedings of Social and Behavioural Sciences (pp. 438-443). European Publisher. https://doi.org/10.15405/epsbs.2022.01.70