The Typology Of Errors And Violations By State Authorities And Their Officials In Exercising State Control (Supervision)

The article considers relationship between bodies of the National supervision and entrepreneurs. Federal laws provide requirements to the planning of supervision activities, to the order of organization and holding supervision, to documenting and arranging the results of such activities. The facts of ignoring the requirements, which brings about infringing the rights and legitimate interests of the citizens in entrepreneurship, legal persons, remain a significant negative factor due to their mass character, and hamper the economic development of the Russian Federation as a whole. The objective of the research was to identify more widely spread types of violation of the established order of supervision performance by the bodies of public administration and their authorities; to systematize the above mentioned violations and to define their type. The classification of violations,committed by the bodies of public administration, and which is used in legislation at present, is proposed to be developed by pointing out gross violations and other minor ones; violations, admitted during planning, organizing and holding supervision; making up and giving out obligatory for executing orders to eliminate the revealed breaches of the compulsory requirements to going in for entrepreneurship, as well as the blunders in legalizing the acts of supervision and control, have been systematized. Besides, typical errors, illegal activities, types of illegal inactivity, defects in orders to eliminate the breaches, defects in reports about supervision, have been revealed. The research resulted in the conclusion that executive legislation provides, in general, adequate coercive measures to make the bodies of state power and their authorities, who deal with supervision and control, comply with the law. At the same time not all serious breaches of organizing and conducting supervision are recognized to be gross. Moreover, the current preventive measures of coercing officials in supervision bodies have exhausted their potential and no longer provide the due level of legality in this field of activity.