The changes in the legislation in the field of control and supervisory activities have changed the model of state control (supervision), have influenced the application of legislation on administrative offenses. Based on the analysis of law enforcement practice, the author draws conclusions about the results of judges' assessment of the grounds for bringing controlled persons to administrative responsibility for non-compliance with requirements, based on the rules for implementing “the regulatory guillotine”. Also attention is drawn to the application of legislation on state control (supervision) in a system with branch of legislative regulation, legislation on administrative offenses.
The article analyzes the changes in legal regulation and the implementation of state control (supervision) in the field of education, associated with the transition to the use of a risk-oriented approach. Based on the fact that control and supervision activities are carried out, among other things, through the prevention of violations, the authors believe that assessment of factors and conditions that create a risk of violations of mandatory requirements should be carried out within preventive measures too. The Law on Education integrates accreditation monitoring into the system of state control (supervision) in the field of education. Based on this feature of the state regulation of educational activities, the authors note the potential for application of a risk-oriented approach in the field of education and come to the conclusion that not only the content of the mandatory requirement should be aimed at eliminating the risk of harm to legally protected values, but the risk-oriented approach should also be used in identification of monitoring indicators and requirements addressed to educational organizations in order to ensure monitoring of the education system. As an separate problem the authors indicate the proportionality of measures applied to controlled persons on the basis of the risks of harm to protected values in the field of education. The article also draws attention to the fact that the content of the mandatory requirement should be aimed at eliminating the risk of harm to legally protected values. In this regard the importance of an expert assessment of mandatory requirements in the field of education is noted.
Autonomy as a fundamental guarantee for the implementation of educational activities accompanied the formation of the first universities, subsequently acquiring regional specificity. The education system in Russia objectively operates by a different structure for the interrelation of the subjects and mechanisms in order for educational organizations to implement their activities compared to the era of the first universities. In the article, the authors identify and propose to consider the key nodes of the legal status of universities: organizational and legal form as a legal shell, proprietary rights in property, methods of financing, tax preferences, and forms of control over activities. The study of these features is important for answering the questions of whether they lead to the emergence of a new model of legal regulation of universities and whether there is a correlation with university autonomy. Both answers, as shown in the article, are negative. The decision should not come only “from above”, although the state recognition of the independence of universities should be expressed in the expansion of their powers in property and financial spheres. Educational organizations themselves must realize the value of autonomy, starting with the formulation of their mission, which is presented formally and not meaningfully in the charters of Russian universities. The mission of the article’s authors is seen in the ability to make independent decisions and be responsible for such decisions. The participation of a public entity in the functioning of universities today seems to be excessive: goal setting, state task, and state control should not suppress the autonomy of educational organizations. The use of various public resources may become a Solomon solution: supervisory and board of trustees, student government, internal financial audit, and others. Finally, the latest and far from the last challenges to the education system (digitalization, pandemic) are shifting the area of responsibility to the universities themselves, which will have to make operational decisions based on their vision of the current situation. For this to occur, educational organizations need to understand the degree of their autonomy.
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