ON THE QUESTION OF THE LEGAL NATURE OF PUBLIC CONTROL

Abstract

The article is devoted to the study of the legal nature of public control, the definition of its characteristicsand types. Based on the analysis of doctrinal approaches to understanding the essence of control in general and publiccontrol, in particular, it is concluded that public control should be considered in terms of regulating the entire publicsphere of society as a system of organizational and legal forms of legality in the activities of public administration,as a mechanism to ensure publicity and efficiency of its activities. Taking into account the scientific views onthe scope of the concept of “public control” from the standpoint of the subjects of its implementation it was arguedthe expediency of allocating such types of public control as state, municipal and public control.It is claimed that state control is to some extent exercised by all state bodies in matters within their competence,which have the right to exercise control powers or give mandatory instructions. Taking into account the broadapproach to the issue of subjects of state control, depending on the bodies that exercise it, the types of state controlare identified, namely: control of the legislature, presidential control, control of the executive, constitutional control,judicial control, ombudsman control, financial control, control of central election bodies. It is proposed to considerpublic control as a manifestation of the will of citizens to acts and actions of public administration, which consists inan effective system of public access to all aspects of the state and civil society institutions. The main types of publiccontrol are defined: control carried out by public organizations, public examinations, public hearings. Municipalcontrol is defined as the activity of the relevant local self-government bodies and their heads, which is aimedat ensuring legality in the activities of municipal bodies and their performance of local self-government tasks. Theinexpediency of allocating international control as a separate type of public control is substantiated on the groundsthat control of international organizations is an institution of international law, while public control includes a setof domestic means and methods of influencing public administration and civil society institutions. It is emphasizedthat public control is an important function of the state, the implementation of which contributes to ensuring the ruleof law in the activities of public administration, implementation and protection of the rights and freedoms of citizens.