Expertise as a Control and Supervisory Action: Gaps in Legislation

Abstract

Subject of study. Provisions of Federal Law No. 248-FZ of 31.07.2020 "On State Control (Supervision) and Municipal Control in the Russian Federation" concerning the procedure for implementing the powers of an inspector to engage an expert or expert organization to conduct an examination when carrying out a control (supervisory) measure. The purpose of the study. Justification of the need to supplement and specify normative legal acts, in terms of establishing requirements to the execution of the inspector's decision to conduct an examination, the content of the expert assignment, the timing and method of sending it to the expert, the procedure for notifying the supervised person about the examination, the content and execution of the expert report. The method and methodology of the study. The formal-logical, formal-legal, sociological methods of research, the method of system analysis and the method of legal interpretation were used during the study. Novelty of research, conclusions. The article defines the place and importance of the institute of expertise in the sphere of control and supervisory activity. Expertise acts as an independent control (supervisory) action, providing research on issues, the resolution of which requires special knowledge in various fields of science, technology, arts or crafts. Organization of expertise in the sphere of control and supervisory activity is one of the important powers of an official of a control and supervisory body (inspector), the implementation of which allows getting a professional assessment of compliance with mandatory requirements by a supervised person. In the course of a systematic analysis the basic provisions of expert activities in the field of state control and supervision were formulated, gaps in legislation were identified in terms of regulation of the procedure for implementing the powers of an inspector to engage an expert or expert organization to conduct an examination during the implementation of control (supervisory) activities. It is established that the normative provisions of expert activities in the field of state control and supervision require improvement. The author of the article substantiates possible ways to eliminate the identified normative gaps.