Legislative regulation of the institute of public control in Russia
This article analyzes the existing law on public control in Russia, problems of development and adoption of a single law regulating social relations in the sphere of control, as well as theoretical issues on the definition of public control and institutions leaving it. The subject of the study was on the public relations on the implementation of social control, federal and regional legislation on public control. The author investigated the practice of various organs of social control: the Public Chamber of the Russian Federation, the Public Chamber of subjects, community councils and public monitoring commissions. In handling the problems to solve there were used methods of general and private scientific knowledge: systemic, structural, comparative and legal, formal and legal, problem-theoretical and others. Integrated application of these methods allowed to carry out a systematic analysis of the main research questions. Currently, at the federal level, there is no single piece of legislation dedicated to the system of social control, its subject, object of such control, authority and jurisdiction of control. The possibility of the institution of public control in the sphere of protection of human rights, anti-corruption, the development of alternative methods of controlling the activities of the authorities seem to be rather extensive. In Russia nowadays there is a certain practice of organs of social control. However, we have to note that this practice is not uniform. It is caused, first of all, by the lack of a unified theoretical approach to the concept of "social control", and uniform legislation in this area. Public control acts at the federal, regional and local government level. Public control gradually permeates all spheres of social relations (law enforcement and prison system, civil service, electoral system, environmental management, and so on). Gradually a whole system of institutions of control has been formed: The Public Chamber of the Russian Federation and the subjects, public monitoring commissions, public councils under the public authorities and local self-government. Public control is mentioned in various existing normative legal acts. Legislative practice has been moving in several directions. Firstly, at the federal level laws on public control in various fields are enacted. Secondly, the forms of social control are included as separate provisions in special legislation devoted to the regulation of certain social relations. Thirdly, some forms of social control are governed by regulations. Fourth, in the absence of federal law on public control, the subjects of the Russian Federation take their own regional laws on public control. Certainly, such a diverse regulation adversely affects the principle of unity of law in Russia. Thus, the early adoption and signing of the federal law on public control will be an important step in the systematization of the legislation and possibly will cause the appearance of an independent branch of the Russian legislation - legislation on public (civil) control.