DOI

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.
Переведенное названиеAgreement on the proper elimination of violations of mandatory requirements in the system of public administration forms
Язык оригиналарусский
Страницы (с-по)288-301
Число страниц14
ЖурналВЕСТНИК САНКТ-ПЕТЕРБУРГСКОГО УНИВЕРСИТЕТА. ПРАВО
Том17
Номер выпуска2
DOI
СостояниеОпубликовано - 17 июл 2026

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

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