Общественный контроль как конституционно-правовой институт: проблемны правового регулирования и правоприменения
Public Control as a Constitutional and Legal Institution: Problematic Aspects of Law Enforcement

Author(s): Oksana Vladislavovna Cherkasova, Galina Alekseevna Bannykh
Subject(s): Law, Constitution, Jurisprudence, Social Norms / Social Control
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Legal regulation; Social control; Subjects of public control; Forms of social control; Russian Federation;
Summary/Abstract: This article is devoted to legal and socially significant aspects of social control as an institution of constitutional law and civil society. The relevance of the chosen topic is predetermined by the fact that the traditional model of management, opposing the state and citizens - managers and managed, at the present stage of development of civil society in Russia has exhausted itself. Concrete steps have been identified that will enable the focus of monitoring to be shifted to civil society. The concept of "public control" has recently been incorporated into the new federal law of the Russian Federation, which also defines the range of subjects of public control and establishes its forms. The present normative enshrinement is a great achievement in the development of the institution of social control, because it reflects the desire of the legislator to give the studied institution a full legal form of citizen participation in decision-making in the sphere public administration. At the same time, there is still legal uncertainty regarding the implementation of the law on the basis of public control at the level of the constituent entities of the Russian Federation, and there is no common vision of the legislator on the status, methods of formation of subjects of public control at the local level, the features of the organization of their activities. In this study, using sociological, axiological and comparative legal methods, the authors offer their scientific and practical view on a number of problems faced by subjects of public control in the Russian Federation. In addition, there are identified topical issues of interaction of subjects of public control at all three levels of the exercise of power.

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