Risk-Oriented Approach in the Implementation of Control and Supervision Activities: Theoretical Justification and Problems of Application

The article discusses the theoretical justification of the risk-based approach in the implementation of state control and supervision, and also highlights the problems of the practical use of this approach in the context of the reform of control and supervision activities. The author compares the positions regarding the risk category in economic and legal studies, justifies the growing interest in the use of risk technologies in public administration. An analysis of the use of the risk category in the legal and regulatory field allows us to distinguish two positions in relation to risk: risk as a possible occurrence of an event that has a negative effect, and risk as the probability of its occurrence. The risk institute belongs to the general theory of law and at the same time finds development in industry research. In modern conditions, the law is inherent in the task of preventing, overcoming and minimizing risks in various areas of social reality with their simultaneous recognition and assumption. The author considers the evolution of the application of the risk management system in the implementation of customs and tax control, substantiates the transformation of its interpretation. Based on the analysis, it is concluded that the risk-based approach in relation to the system of state control and supervision should be interpreted as the principle of a modern system of state control and supervision; the condition of its selectivity and sufficiency; means of reducing the administrative burden on the controlled sphere; a means of stimulating the controlled sphere in a given direction and a modern method of organizing and implementing state control and supervision. Narrow and broad approaches in positioning risks in the implementation of state control and supervision are highlighted. In the first case, risk is understood as the probability of non-compliance with mandatory requirements. A broad approach involves two factors: the likelihood of non-compliance and the consequences of such non-compliance. A characteristic is given to such characteristics of a risk-based approach in the implementation of state control and supervision: staging, agile, stimulating the preventive component of state control and supervision, the development of interagency cooperation, the connection with the digitalization of control and surveillance activities. The following are identified as the problems of applying the risk-based approach in the implementation of state control and supervision: the problems of developing and using criteria for the risk categorization of controlled persons, correlating these criteria with indicators of the effectiveness and efficiency of control and supervision activities; lack of correlation between control and supervisory procedures and proceedings on administrative offenses; the problem of using the category of good faith in the implementation of control and supervision activities and others. Solving the identified problems will improve the effectiveness of state control and supervision in modern conditions.

1. Vasilenko I. A. Administration and State Authorities in Western Countries: the USA, the UK, France, Germany. 2nd ed. Moscow: Logos Publ.; 2001. 200 p. (In Russ.).

2. Domokos L., Nyeki M., Jakovac K., Nemeth E., Hatvani C. Risk Analysis and Risk Management in the Public Sector and in Public Auditing. Public Finance Quarterly. 2015;60(1):7-28.

3. Wengert H., Schittenhelm F. A. Corporate Risk Management. Berlin, Heidelberg: Springer Gabler; 2013. 125 p. https://doi.org/10.1007/978-3-642-36689-5

4. Raczkowski K. Risk Management in Public Administration. London, New York: Palgrave Mcmillan; 2017. 448 p. https://doi.org/10.1007/978-3-319-30877-7

5. Blattler S., Hunziker S. Public Administration Risk Management. In: Farazmand A. (Ed.). Global Encyclopedia of Public Administration, Public Policy, and Governance. Cham: Springer; 2019. https://doi.org/10.1007/978-3-319-31816-5

6. Ehren M. C. M., Shackleton N. Risk-Based School Inspections: Impact of Targeted Inspection Approaches On Dutch Secondary Schools. Educational Assessment, Evaluation and Accountability. 2016;28:299-321. https://doi.org/10.1007/s11092-016-9242-0

7. Blanc F. Inspection Reforms: Why, How, and with What Results. Paris: OECD; 2012. 91 p.

8. Tikhomirov Yu. A. Predictions and Risks in the Legal Sphere. Journal of Russian Law. 2014;3:5-16. https://doi.org/10.12737/2575 (In Russ.).

9. Tikhomirov Yu. A. Law: Forecasts and Risks. Moscow: Institute of Legislation and Comparative Law under the Government of the Russian Federation Publ.; INFRA-M Publ.; 2015. 240 p. (In Russ.).

10. Akopyan O. A., Bozhenok S. Ya., Veremeeva O. V Financial Security Risks: Legal Format. Moscow: Institute of Legislation and Comparative Law under the Government of the Russian Federation Publ.; Norma Publ.; INFRA-M Publ; 2018. 304 p. (In Russ.).

11. Yanova S. Yu. Risk-Oriented Approach: A New Paradigm of Insurance Market Regulation and Development. Finance. 2018;1:26-33. (In Russ.).

12. Kucherov I. I., Povetkina N. A., Abramova N. E. Supervision in the Finance and Budgeting Area. Moscow: Institute of Legislation and Comparative Law under the Government of the Russian Federation Publ.; Kontrakt Publ.; 2016. 320 p. (In Russ.).

13. Shchekin D. M. Taxation Risks and Trends of the Tax Law Development. Moscow: Statut Publ.; 2007. 236 p. (In Russ.).

14. Tikhomirov Yu. A. Administrative Discretion and Law. Journal of Russian Law. 2000;4:70-79. (In Russ.).

15. Bezrukov A. V Identification, Minimization and Elimination of Constitutional Risks as Means of Securing Law and Order. Constitutional and Municipal Law. 2018;11:18-22. (In Russ.).

16. Kozlova E. B. Risk-Based Approach in State Housing Supervision and Municipal Housing Control (Conceptual Foundations). Family and Housing Law. 2017;1:25-29. (In Russ.).

17. Efremova T. A. Development of the Pre-Audit Analysis in Planning Field Tax Inspections in the Context of Risk-Oriented Approach. Taxes (Journal). 2015;4:14-18. (In Russ.).

18. Butaeva E. State Regulation of the Labour Protection: Risk-Oriented Approach. TrudovoePravo. 2017;1:95-112. (In Russ.).

19. Kirillovykh A. A. The Risk-Based Approach and Lines of Authority in the Sphere of Supervision over Objects Which Negatively Impact on the Environment: Problems of Practical Implementation. Pravo iEkonomika. 2017;7:12-17. (In Russ.).

20. Martynov A. V Application of a Risk-Oriented Approach While Exercising State Control and Supervision, as Necessary Condition for Reduction of Pressure on Business. Jurist. 2016;18:22-27. (In Russ.).