State Control (Supervision) over Entrepreneurial Activity: Constitutional Model and Its Practical Implementation

The paper examines into the issue of correspondence of model of state control (supervision) which is currently being designed, providing for a differentiated (risk oriented) approach to the objects of control (supervision), with constitutional model formed by fundamental constitutional rights, freedoms and principles of relations state and private individuals. The author makes a conclusion regarding the qualitative development of the legislative model based on the results of research of the dynamics of existing legislative approach to the institution of state control (supervision) in the Russian Federation. She also examines peculiarities and drawbacks of legislative model regarding the reform. In addition, in order to identify the specifics of the constitutional and the legislative models’ implementation, an analysis of the Constitutional Court of the Russian Federation' legal positions on control and supervisory powers' exercising issues and determination of objectives and specifics of control and supervisory depending on the field of entrepreneurial activity were made. Finally, the author notes a dissonance between the legislative (considering the latest novations) and the constitutional models and makes suggestions on improvement of the legislative model, taking into account the aims set by the Constitution and the needs of the business community.