2018 ◽  
Vol 5 (3) ◽  
pp. 318-342
Author(s):  
E V Maslennikova

The modern period of reform of control and Supervisory activities is full of events, novelties of norm-setting, social experiments. In recent years, the main vector of reforms is aimed at respecting the interests of controlled objects in the preparation and conduct of control and Supervisory activities, the introduction of risk-based control, allowing to concentrate resources for control and supervision in those areas where there is a high probability of violation of the values protected by law. The article considers the dynamics and the main results of the reform of control and Supervisory activities. Among the positive results of the reform are the pilot implementation of a risk-based approach in control and supervisory activities, a system for evaluating the effectiveness and efficiency of control and supervisory activities. Some positive dynamics emerged in the application of checklists. From the point of view of the author, insufficient attention is paid to questions of a critical analysis of the need and sufficiency of control and supervisory activities in terms of the protection of legally protected values; the possibility of replacing state control and supervision by other, including non-state institutions. The author substantiates the conclusion about the analysis of the need for control (supervision), systematization of control and Supervisory functions and audit of mandatory requirements before making and implementing decisions related to the technological aspects of control (supervision). Also, proposals are made to adjust the provisions contained in the draft law “on state and municipal control (supervision) in the Russian Federation”.


2016 ◽  
pp. bhv325 ◽  
Author(s):  
Jonas T. Kaplan ◽  
Sarah I. Gimbel ◽  
Morteza Dehghani ◽  
Mary Helen Immordino-Yang ◽  
Kenji Sagae ◽  
...  

2018 ◽  
Vol 9 (2) ◽  
pp. 33-45
Author(s):  
Paweł Kępka

The article presents issues related to  security design including, among others, the classification of security design, criteria for its division, the essence of design, security interests and objectives, security determinants (environment), concepts for safety-enhancing activities under specified conditions, security potential and the concept of security enhancing activities. The considerations are based on the assumption that security is first and foremost based on the need to protect against the real risks posed by elements that could negatively affect individuals, communities or entire countries. On the other hand, the long history, beyond the defined approach to  providing security, resulting strictly from the willingness to  live in  a  specific environment (space), indicates cases in which the sense of security is related to the authority, capabilities, quality of assets and resources possessed. Both of the approaches presented emphasise that, regardless of their attitude, the issue of protection of human life and health is the most important category of things to be protected. The first approach indicates a reactionary character, closely related to intervention in respect of a given threat (real or imaginary), while the second one draws the perspective of organising the security potential that constitutes the strength of the individual in general, including the case of a real threat. It is a sign of preparing resources (legal, organisational, material, financial, informational) for the potential threat from nature, another person or a country. The concepts defined for preparing for what becomes a threat to the protected values are not only logical, but can also be seen in a hierarchical way. The proof in this case is that, first of all, people repel what threatens them here and now and only then do they think about building their security potential as an answer to what they may face in the future.


Author(s):  
Egor A. Artemenko ◽  
◽  

The article examines the implementation of the “regulatory guillotine” reform as a method of state deregulation, reduction of administrative barriers to economic activity, elimination of excessive and outdated mandatory requirements that can cause corruption risks in the interaction of regulatory authorities and business. The main aim of the study is to assess the system of state deregulation measures implemented in certain areas within the framework of the regulatory guillotine, including the development of new structures of state regulation in certain areas and types of state control (supervision), the development of new mandatory requirements in terms of ensuring the connection of mandatory requirements with potential risks of harm, damage, protected values and sources of risk. The article also aims to identify the main risks of implementing the reform. The source of empirical data was Federal Laws No. 247-FZ and 248-FZ adopted on July 31, 2020, drafts of normative legal acts containing mandatory requirements, drafts of new regulatory structures in certain areas developed by regulatory agencies and control and supervisory bodies, methodological materials, positions of scholars and economists on the prospects for the reform, foreign experience of deregulation and implementation of the regulatory guillotine in particular. The article presents the countries’ experience of implementing the regulatory guillotine (South Korea, Croatia, Kenya, and some deregulation initiatives in the USA) in order to analyze the possibility of its application in domestic practice. Based on the research, a number of conclusions are made about the implementation of the reform in terms of deregulation, institutional measures to combat corruption, the “bottlenecks” of the implementation of the reform, the risks of not achieving the goals, and possible ways to minimize them.


2017 ◽  
Vol 39 (1) ◽  
Author(s):  
Jonathan Baron

AbstractProtected values (PVs) are values protected from trade-offs with other values. They are absolute in this sense. People hold these values even when they do not necessarily abide by them in their behavior. I suggest that most of these values are a subset of deontological rules, defined by their absoluteness. Their origin may be understood by looking at the origin of deontological rules more generally, which includes religious (hence sacred) values among others. But PVs are usually maintained by lack of reflection of the sort that would see counterexamples to their absoluteness. PVs often have other characteristics that would lead to classification into other types of values: they are often moralistic (imposed on others regardless of the willingness of others to accept them); they are about morality rather than convention and thus independent of authority or social consensus; and they often concern second-order preferences (values for values). Especially in combination with these other properties, PVs can be harmful in the domain of politics. Education in the sort of reflection that would lead people to question them could improve the political situation around the world.


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