Administrative prevention in the context of a moratorium on control (supervisory) measures: Status and prospects
Authors:   All-Russian State University of Justice, Cherkasov Konstantin V. ,   Vyatka State University,   Russian State University for the Humanities,   MIREA – Russian Technological University, Domrachev Dmitriy G. ,   Vyatka State University, Peresedov Aleksey M. ,   Ministry of Digital Development, Communications and Mass Media of the Russian Federation; Russian State University for the Humanities
Published: December 2024

The article contains the results of an analysis of the normative legal acts of the Russian Federation regulating public relations in the field of crime prevention in the context of the variability of the concepts of "prevention" and "prophylactic" during the moratorium on planned control (supervisory) measures, as well as measures applied within the framework of the designated institutions. The choice of the topic of the article is due to the presence of a complex gap, which is expressed in the absence to date of the possibility of its applying in control (supervision) measures for an independent assessment of compliance with mandatory requirements (preventive measures), in the implementation of which controlled persons participate. Taking into account the periodic introduction of a moratorium on planned control (supervisory) measures, which are the main tool for detecting violations of mandatory requirements, the inability to apply preventive measures largely prevents both control (supervisory) bodies and controlled persons themselves from assessing the degree of compliance by the latter with mandatory requirements. This problem is due to the fact that the establishment of the possibility of using the designated preventive measures depends on the discretion of the control (supervisory) bodies, which are not directly interested in delegating their powers to the controlled persons. The aim of the study was to identify the trend in how the moratorium on planned control (supervisory) measures affects the number of violations of mandatory requirements. The study took into account that control (supervisory) activities have many directions, including assessment of compliance by controlled persons with mandatory requirements, prevention, identification and adoption of measures provided for by law to curb violations of mandatory requirements, eliminate their consequences and/or restore the legal situation that existed before such violations occurred. This circumstance determines that control (supervision) includes both compulsory control (supervisory) measures and voluntary preventive measures for controlled persons. To achieve the aim of the study, the authors conducted a formal legal analysis of the provisions of Russian normative legal acts regulating the sphere of preventing violations of mandatory requirements in
control (supervisory) activities, and focused on the contradictory approach of the legislator to consolidate the possibility
of using preventive measures in control (supervision). When writing the article, the following methods of scientific cognition were used: general scientific (analysis, synthesis, induction, generalization, comparison) and special (interpretation of legal norms, comparative law). The study concludes that the moratorium on planned (supervisory) measures does not lead to an increase in the number of violations of mandatory requirements. At the same time, despite the ban on planned control (supervisory) measures that has already taken place, no federal law on the type of control (supervision) provides for the possibility of replacing planned inspections with preventive measures carried out by controlled persons. In this regard, the authors have proposed ways to solve these problems.