Administrative liability for countering the implementation of state control (supervision)

Control and supervisory activity is a specific type of administrative and public management. The legislation provides for many types and directions of such activity, the implementation of which is expressed in the conduct of state control (supervision) in relation to a specific entity. Administrative liability is incurred for non-compliance, non-fulfillment of legal requirements of the subjects of control and supervisory activity. The imposition of administrative liability for countering control and supervisory activity reveals some legislative and law enforcement problems in the application of the administrative legal norms that provide for such liability. The problematic nature of administrative legal norms is predetermined by the same type of the legal content of unlawful actions (inactions), which form the objective side of administrative offenses that provide for liability for countering state control (supervision). Their distinction is within the discretion of the law enforcer, which determines the relevance of this study. It has been established that the lack of legislative systematization in enshrining the signs of the objective side of the legal content of administrative offenses providing for liability for countering control and supervisory activity leads to errors in qualification of these offenses. It has been proposed that the Supreme Court of the Russian Federation should provide appropriate explanations for the uniform understanding and distinction of the same types of signs of administrative offenses with different content.