Проблеми удосконалення державного контролю за діяльністю суб'єктів господарювання в Україні
Year: 2019
Type: article
Abstract: The problematic issues of state control exercising over the business entities activity are being identified in the article, as in Ukraine these issues are attracting increased attention among statesmen, scientists and the public, and, undoubtedly, the topicality of this problem is especially relevant during the period of taking important state decisions on improving economic, socio-cultural and political development of the State. Taking into account the theory and practice, an assessment of the implementation of modern forms and methods of exercising state control in contrast to the procedure for its implementation in the post-Soviet period, with violation of the legality, human rights and its interests has been given. It has been pointed out that State control implementation and realization depend largely on the already existing normative legal regulations on the mentioned issues, so it should be understood as the functional component of the State authorities, which is directed for ensuring compliance with the laws and other normative legal acts issued by the State authorities; it allows to determine the quality of activities, to clarify the scope of the completed task and, if necessary, to identify violations of legislation and choose appropriate measures for its elimination. It has been proved that an important component of transparency, efficiency of the State control of Ukraine system and quality improvement increase is and remains the development of new effective mechanisms of its carrying out, implementation of which should be based on proven international experience. On the basis of the European practice of control realization, the activities of Polish, French and British police, which generally comes down to Community Policing strategy have been analyzed. Community Policing acts as a stimulant to increase activity and engagement of local communities in cooperation with the police in maintaining public order, the fight against crime, as well as the control over the consumption and sale of alcoholic beverages at the time of the socio-cultural events conducting, ensuring road safety, etc. It has been estimated that the deliberate use of positive foreign experience will help in refocusing of work of the Bodies of Inner Affairs of Ukraine from power and administrative methods on more democratic, aimed at ensuring the safety of economic entities, protection of their rights and freedoms that will contribute to the formation of trust to the representative of law enforcement bodies. At the same time, the article showed that the procedure of State control for today is still far from the improvement of its organizational structure and adaptation to new relevant areas of activity. Thus, since the beginning of its activity in May 2015 and till 2018 the Business Ombudsman Council (hereinafter – the BOC) received 23918 complaints about the actions of controlling bodies, which is 9% of the total number of complaints received. BOC observes a tendency to increase their number. In particular, in 2015, the BOC received 74 complaints, in 2016 – 67 complaints, and in 2017-98 complaints. Also, in spite of the approved by the Government in May 2017 methodology for developing the criteria, by which the degree of risk from conducting economic activity is assessed, and the frequency of planned control measures is determined, as well as of the unified forms of acts made according to the results of scheduled and unscheduled inspections, - in some spheres of state control there is no implementation of risk-oriented approach, so there are no criteria for assessing the risk of economic activity and the frequency of planned control measures is not determined: only in 17 spheres the criteria that meet the requirements of the legislation were approved; in 47 spheres criteria were approved, but they do not meet the requirements of the legislation and require revision; and in 23 spheres of control criteria were not approved at all and therefore the periodicity of planned control measures was not determined. Thus, in the modern period of the State development it is necessary to take effective organizational and legal means for improving control at all the levels of management.
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4285064339