Theory and science of administrative and municipal law
Kireeva A.V. —
Public-Private Partnership in the sphere of control and coercion – a new element of the state mechanism
// Administrative and municipal law. – 2017. – ¹ 4.
– P. 47 - 58.
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Review: The research subject is the impact of new directions of public-private partnership, forming in the sphere of state control and coercion, on the state mechanism. The author studies the works of legal scholars for the last several years, dealing with various aspects of private organizations’ performance of functions of control, supervision and coercion. The author shows that the problem of the role of public-private partnerships in the state mechanism hasn’t been studied so far comprehensively enough; at the same time, traditional approaches to defining the state mechanism prevail in the scientific literature; they don’t provide for the opportunity of partial delegation of functions of control, supervision and coercion, performed by public authorities, to the entities without this status. The research methodology is based on the works of S.S. Alekseev, D.N. Bakhrakh, P.V. Demidov, V.V. Zakharenkov, A.B. Zolotareva, A.E. Ziat’kov, A.D. Kerimov, Ya.S. Kleimenov, V.V. Lazarev, S.V. Lipenia, D.A. Limareva, M.M. Magomedrasulov, N.I. Matuzov, A.V. Mal’ko, A.N. Pigolkin, and others. The author concludes that the state mechanism is being transformed at the present time; it’s been extending, and now it includes new social relations, which haven’t been typical for it previously. Since the problem of the state mechanism extension hasn’t been studied by Russian legal science comprehensively enough, the possible risks of delegation of functions of control, supervision and coercion to private entities haven’t been estimated either. At the same time, in practice, the legislation, regulating the issues of control and supervision, has been including new elements, which can be considered as the examples of delegation of some functions, which have been traditionally performed by public authorities, to private entities: from the development of the rules for some markets and quasi-licensing, to the creation of opportunities of agreements between self-regulatory organizations and public oversight authorities on the basis of which public authorities reduce the general number of inspections of the self-regulating organizations’ members, or completely refuse of scheduled inspections, and reserve only the right to organize unscheduled inspections.
Keywords: control authority, state functions, state coercion, self-regulatory organizations, delegation, private companies, state mechanism, state control, public authority, development institutions
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