FROM TOTAL SUPERVISION TO SMART CONTROL

Abstract

The article is based on the author's presentation at the Gaidar Forum - 2020 titled ‘From Total Supervision to Smart Control: Issues of Methodology, Theory, and Practice' in the framework of the expert discussion ‘How Regulatory Enforcement Has Changed: Citizen Perspective'. The author's position is presented in support of the need for a consistent distinction between control and supervision, including in terms of evaluating their effectiveness, which is currently carried out virtually syncretically in relation to the control and supervision activities of the state. The article formulates the methodological and theoretical model for differentiating control and supervision, its dynamics based on the potential of digital technologies. Based on the results of analytical reports of both state structures and the expert community, the author concludes that it is necessary to adjust the regulatory framework of control and supervisory activities with a mandatory value reorientation of control and supervisory authorities from punitive ideology to the protection and maintenance of the interests of citizens and businesses. It is noted that the synergetic effect at the next stage of development of control and supervisory activities can be provided by a combination of technological and legal approaches and the ‘intersection' of law-making and law enforcement. Expanding digitalization will allow smart control to replace comprehensive supervision, which will provide a more effective management and control system. According to the author, the practice of total, mandatory, continuous supervision will finally become a thing of the past. The basis of the new control will be a special digital platform - a reducer of interaction between a consumer and a manufacturer using artificial intelligence that manages smart contracts.