Pre-trial appeal of decisions in the exercise of state control

Abstract

This article was prepared based on the results of research work carried out by the Center of Public Administration Technology, Institute of Applied Economic Research, Russian Presidential Academy of National Economy and Public Administration within the stated task framework of RANEPA 2014. According to the results of the analysis of legislation, it identified shortcomings of the current legal regulations on pre-trial appeals against decisions and actions (inaction) of the authorities and their officials in the exercise of state control (supervision). These are and include: the lack of adequate legislative regulations of a special orders on pre-trial appeals; the absence of a set list of grounds (subjects) on pre-trial appeals in compliance and enforcement activities; a considerable general lengthy term for the examination of the complaint which is often beyond the deadline of the appealed orders; the absence of specific, differentiated responsibilities of «guilty» officials for refusing to consider the complaint, the unjustified refusal to satisfy it, and the elimination of their consequences. Presented herein are proposals for the development on pre-trial appeal mechanisms in the exercise of state control (supervision) and their regulations.