Some Aspects of Observing Legality by the Subjects of Licensing and Control and Supervisory Activities in Conditions of Modernizing Socio-Economic Development
The article considers that legality implies not only the existence of a developed legislation system, but also the identification of needs for the adoption or amendment of laws. The absence of laws demanded by society qualifies as a violation of the legality regime, therefore the absence of laws on digitalization, including permissive activities, creates the risk of the legality regime violation. The author emphasizes that the legislation vector should be directed towards transferring management decisions of the lower level to software systems operating on the basis of artificial intelligence, so-called intelligent agents. The article notes that one of the main tasks to form a new technological basis in the digital economy is to reduce the administrative burden on business entities due to the use of ICT during inspections by state control (supervision) bodies. According to the author, it is necessary to reorient the control and supervisory activity with a simple fixation of the offense with the subsequent application of sanctions to the preventive system in relation to causing harm, and as a result - to reduce the administrative burden on business entities, while increasing the performance level of control and supervisory functions. The author proposes to determine the limits of the sub-legal regulation of the procedure for the implementation of licensing activities.