TY - JOUR

T1 - Соглашение о надлежащем устранении нарушений обязательных требований в системе форм публичного управления

AU - Дмитрикова, Екатерина Александровна

PY - 2026/7/17

Y1 - 2026/7/17

N2 - The implementation of the “investments instead of fines” principle has resulted in the introduction of a mechanism for an agreement on the proper elimination of violations of mandatory requirements. The model of an agreement between a private individual and an entity vested with public authority is not new to Russian legislation, and the contractual model has been recognized as an independent form of public administration in the doctrine of administrative law. However, an agreement on the proper elimination of identified violations is a new form that can be used in the implementation of regulatory and supervisory activities. This circumstance determines the need to characterize the agreement on the proper elimination of violations in the system with other forms of public administration, including those traditionally used in regulatory and supervisory activities. Based on the objectives and subject matter of the agreement on the proper elimination of violations, the procedure and consequences of its conclusion, and its relationship with the administrative act, the author concludes that it is significantly similar to a post-tort contract, with the exception that the agreement on the proper elimination of violations is concluded within the framework of control and supervisory proceedings. An analysis of the model in which the agreement on the proper elimination of violations is concluded with the control (supervisory) body that identified the violation and based on its decision led to the conclusion that the agreement is a form of public administration. The use of this form in the implementation of state control (supervision) is possible only in conjunction with, and not as an alternative to, an administrative act and subject to the proper elimination of the identified violations of mandatory requirements.

AB - The implementation of the “investments instead of fines” principle has resulted in the introduction of a mechanism for an agreement on the proper elimination of violations of mandatory requirements. The model of an agreement between a private individual and an entity vested with public authority is not new to Russian legislation, and the contractual model has been recognized as an independent form of public administration in the doctrine of administrative law. However, an agreement on the proper elimination of identified violations is a new form that can be used in the implementation of regulatory and supervisory activities. This circumstance determines the need to characterize the agreement on the proper elimination of violations in the system with other forms of public administration, including those traditionally used in regulatory and supervisory activities. Based on the objectives and subject matter of the agreement on the proper elimination of violations, the procedure and consequences of its conclusion, and its relationship with the administrative act, the author concludes that it is significantly similar to a post-tort contract, with the exception that the agreement on the proper elimination of violations is concluded within the framework of control and supervisory proceedings. An analysis of the model in which the agreement on the proper elimination of violations is concluded with the control (supervisory) body that identified the violation and based on its decision led to the conclusion that the agreement is a form of public administration. The use of this form in the implementation of state control (supervision) is possible only in conjunction with, and not as an alternative to, an administrative act and subject to the proper elimination of the identified violations of mandatory requirements.

KW - контроль, надзор, контрольно-надзорная деятельность, баланс интересов, административный договор, административная ответственность

KW - administrative contract

KW - administrative reform

KW - administrative responsibility

KW - balance interests

KW - control

KW - control activities

KW - state control

KW - supervision

UR - https://lawjournal.spbu.ru/article/view/23807

UR - https://elibrary.ru/cqsrzo

UR - https://www.mendeley.com/catalogue/8e8ff3bf-e96f-3263-98a7-1c39eebd7fe1/

U2 - 10.21638/spbu14.2026.201

DO - 10.21638/spbu14.2026.201

M3 - статья

VL - 17

SP - 288

EP - 301

JO - ВЕСТНИК САНКТ-ПЕТЕРБУРГСКОГО УНИВЕРСИТЕТА. ПРАВО

JF - ВЕСТНИК САНКТ-ПЕТЕРБУРГСКОГО УНИВЕРСИТЕТА. ПРАВО

SN - 2074-1243

IS - 2

ER -