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§ 1. A category "public control" in a science of the information right and the information legislation

Control problem hardly probable not the most actual and responsible in a complex of global problems of the present. It speaks wide introduction and control use in all spheres of a life of a society.

The concept used in modern Russian "control" has the French roots. It has occurred from the French word «controle», applied to a designation counter, again records for the purpose of check of the first. In Russian speech the given concept began to be used actively in XVIII century, in days of Franco-Russian dvujazychija. Originally in official circles the given concept used as a synonym of concept "check", but eventually the word meaning "control" separated from the initial value, having got some other sense [4].

Complexity of concept "control" consists, first of all, that in standard legal acts of the Russian Federation its legal definition is not fixed. The legislator, widely applies the given concept, but does not explain, in what its maintenance consists. But, the first sight quite obvious to understanding the term comprises the latent threats without which account its use can harm both supervising instance, and under control.

The control is enough a wide and volume legal category. It is considered as one of ways of maintenance

Legality. It is not limited to circle of the questions connected with observance of obligatory instructions - laws and other normative acts, but also checks expediency of activity, includes updating of actions [5].

Efficiency of the control in essential degree is defined by a condition of its theory. Position is aggravated with that in modern conditions the increasing weight is got by the difficult objects which control is not entered in frameworks of the developed methodological representations. Errors of the control of such objects lead to serious moral and material losses of a society [6]. It directly concerns public control. For construction of a complete picture it is required to analyse developed definitions of the control, its basic signs and properties. It will help to build system of public control with its features, but thus to try to keep reasonings within the limits of the conventional theory.

To begin with we will address to various definitions of concept the "control", the formulated number of experts.

Wide enough spectrum of the concepts used for definition of essence of the control, underlines its special importance, many-sided nature and complexity, and also uncertainty of approaches in differentiation of essence of the control and other forms of specific activity of the person in any area.

Besides, set of the developed points of view on definition of essence of concept "control" and presence of certain discrepancy in approaches have led to occurrence of the point of view that there can not be a general definition of this concept.

For example, the Miller of M. V considers what to speak about the control in general it is impossible. There are various kinds of the control, each of which is characterised by such elements as the subject of the control; the subject, making the decision; object of the control; a control subject; the control purpose; control problems; control principles; methods, technics and technologists of the control, and also its process [7 [8] [9]. It is obvious, that here there was a combination of concepts of the control and activity on its carrying out.

In the scientific literature "control" it is defined as check, supervision for the purpose of administrative control of laws, decisions, administrative decisions; as check of activity of whom or something, supervision over whom or something for the purpose of check; as the mechanism providing observance of certain conditions, which infringement brings a damage to social system [10]; as complete system of social regulators (the state institutes, the right, morals, customs, installations) [11]; as set of processes in social system by means of which following to certain samples of activity is provided, and also observance of restrictions in the behaviour which infringement negatively affects functioning of system [12].

In consciousness of a modern society the word "control" was got by wider value, than simply check or supervision for the purpose of that [13 [14]. The control even more often is understood not only as check of whom or something, but also some accountability, restriction in actions.

The concept "control" is used in various spheres of human activity.

Novikov A. V considers the control in wide and narrow senses. In the broad sense of the word the control is a set of political, economic and ideological processes and the methods, called to provide stability of a society and a political system, observance of a social order, influence on mass and individual consciousness. In the narrow sense of the word the control is a check of decisions of the higher organisations, decisions, orders of various levels of administrative system of the given organisation, observance of technical, economic, organizational specifications, performance of planned actions, tasks, observance labour

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Disciplines, rules of law etc.

Strashun B. A considers the control as one of the integral functions of the management, allowing to compare actual result of administrative activity with wished, to reveal lacks and their reasons [15].

In engineering science the considered concept also is widely presented. The control is definition of what valid value of the measured size is between its limiting values or out of them [16 [17]. In the widest sense the control is the skilled procedure establishing, possesses or the controllable object does not possess demanded quality. However specificity of its (control) of construction and research depends not so much on sphere of its appendix, how many from its technique and the nature of controllable objects [18]. The control is the skilled procedure establishing, possesses or the controllable object demanded quality [19] does not possess.

A.Fajol allocates the control in a special element of management, noticing, that management elements are the prediction, the organisation, rasporjaditelstvo, co-ordination and the control. The control consists in check, whether all occurs according to the accepted program, the given indications, the established principles. Its purpose is to cancel errors and errors that it was possible to correct and avoid them repetition [20].

The Soviet scientists have formulated a number of the recommendations concerning problems of the maintenance and concepts of the control. In the general view the control represented as system of the measures directed on realisation of requirements of a society or any social groups with a view of regulation of public relations [21].

Belobzhetsky And. A concretises definition of essence of the control, as one of management functions. The control at it represents system of supervision and check of process of functioning and an actual condition of operated object for the purpose of validity and efficiency of acceptance of administrative decisions and results of their performance, revealing of deviations from

Requirements of these decisions, elimination of the adverse phenomena and

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Alarm systems about them to competent bodies.

Afanasev V. A represents the control as system of supervision and check of conformity of functioning of object to the accepted administrative decisions: to laws, plans, norms, standards, rules, orders etc., revealings of the admitted deviations and definition of ways of their elimination.

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Lazareva N. V defines the control as system of supervision, comparison, check and the analysis of functioning of the operated subject for the purpose of an estimation of validity and efficiency of the accepted and accepted administrative decisions, revealings of degree of their realisation, presence of deviations of actual results from the set parametres and standard instructions and decision-making

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On their liquidation.

The control essence is an adequate estimation of a situation and revealing of deviations for their restriction through reaction to discrepancy. The control is the set of the actions providing conformity of object to standards established for it and standards. Definition of essence of the control should be constant, that is it does not depend on a kind of controllable activity, conditions of an environment, objects, subjects of the control, time of carrying out or any other factors. The control reveals deviations of actual [22 [23] [24] [25] conditions of object from in advance established and delimits possibility of occurrence of such deviations, not revealing causally - investigatory communications of occurrence of deviations as the analysis is

Prerogative of the subject initiating the control and defining

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Its purposes that concerns activity on control.

The essence of the control consists in supervision over conformity of activity of under control object to those instructions which the object has received from operating body or the official.

But in definition of essence of the control among scientists there is no unity. Scientists define it on a-miscellaneous: as means, the factor, the form,

Element, function, activity, system, feedback, condition,

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Regulator, the guarantor, the phenomenon, institute, a method, competence etc.

The developed characteristic of essence of the control as professor RAGS at the President of the Russian Federation gives to management function V.I.Lukjanenko representing the control as quality check of administrative activity of comparison of actually reached level intermediate or end results and level, established by decisions, decisions, norms and other standard

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Legal acts.

Foreign scientists underline, for example, such intrinsic party of the control representing it as necessity for detection and the permission of arising problems earlier, than they become irreversible [26 [27] [28] [29] [30].

Essence of the control that the subject of management carries out the account and check of how the operated object carries out its instructions. A main objective - blocking of deviations of activity from the set program, and at detection of deviations - reduction of operated system in steady position by means of all social regulators [31 [32].

But control existence in management does not deny the fact of existence of the control as objectively developing category. Now one of problems of definition of essence of the control consists that the close connection between the control and management is challenged by nobody, but there are no the researches finding a side, dividing management and the control at which they effectively co-operating, do not replace and are not duplicated each other [33 [34].

So, for example, the term "monitoring system" is even more often used in legislative and other standard legal acts, however its sense which in it is put, is not identical. In one normative acts the monitoring system is identified with set of control bodies, in others - with this concept directions of control activity are covered. In the legal literature also there is no unity on the given question. In some sources even specially devoted to control activity, the specified term

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It is not used.

The majority of authors uses narrow understanding of the monitoring system when it coincides with concept of system of control bodies, and its maintenance reveals through the competence and powers of separate subjects of the control, the form and methods of realisation by them of control activity. Shorina E. V has put forward the fair thesis that the concept of the monitoring system is much wider than concept of system of control bodies [35 [36]. However the given theoretical position about wide understanding of the monitoring system of due development in the legal literature has not received. According to Kocherina E. A, monitoring systems should have the general bases and principles of creation and functioning which are uniform for all monitoring systems, irrespective of sphere of their application [37 [38]. Elements of such systems are: structure (object, the subject, control devices), the mechanism (principles, the purposes, methods, technology) and control process.

Control process is an activity of the subjects of the control consolidated in certain structure, directed on achievement warranting by the most effective way of objects in view, by realisation of certain problems of the control and application of corresponding principles, methods and technics of the control [39 [40]. The control also is considered as system of supervision and check of process of functioning of object for the purpose of elimination

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Deviations from the set parametres.

Somoev R. G wrote, that the control represents system of supervision, comparison, check and the analysis of functioning of operated object for the purpose of an estimation of validity and expediency of the accepted and accepted decisions, revealings of degree of their realisation, presence of deviations of actual results from the set parametres both standard instructions and decision-making on their liquidation.

Polish scientist Starostsjak E approved, that the control in itself does not represent primary activity, it concerns actions,

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Carried out irrespective of the control.

Limited, but original the statement of American scientist Drukera P about concept of the control is represented: «the Control and direction definition are synonyms». From this position the conclusion that the control can be considered not as independent and obligatory function but only as one of levers of the operating subject on operated the subject (object of the control) is possible.

Gorshenev V. M and Shahs And. B characterised the control from legal positions: «First of all, the control - such legal form of the activity, which legal nature is defined by that the corresponding control body or its official are laid down in conditions when they should use directly rules of law for the permission of concrete legal problems. And in [41 [42] [43] [44]

Quality of a subject of operations in this case act simultaneously and

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Norms material, and norms of the law of procedure ».

The control - the major function of any control system [45 [46]. The control in jurisprudence is considered in wide and narrow aspects: as function of the government [47] or as specific activity of the state bodies [48 [49].

The control in legal sense is often connected with the execution organisation, observance and protection of the rights and freedom of the person and the citizen. It urged to provide movement of the made decision to its embodiment during a life, effective functioning

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The state and municipal authorities.

The control urged to provide is standard settled activity by the analysis and check of realisation of laws and other legal acts and validity of made actions [50]. To objects of the control Tikhomirov JU. A carries the analysis of performance of laws, decrees and other normative acts, observance of standards and other normative and technical rules, normokontrol, that is consideration of legitimacy of acceptance of legal acts, studying of an actual situation and an estimation of perfect actions [51].

Eritsjan A. V defines the control as the legal procedure directed on revealing of possible structures of offences, consisting of reception stages the supervising subject of the necessary information, a stage of legal qualification and from a stage of decision-making on application of forced measures to under control object [52 [53].

In the Limsky declaration of supervising principles of the control, the International organisation of the higher control accepted on IX Congress

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Bodies, it is noticed, that the control is not end in itself, and represents focused on opening of deviations from the accepted standards and infringement of principles of legality, efficiency and economy of an expenditure of material resources on possible earlier stage to have possibility to take correcting measures, to involve guilty in responsibility, to receive indemnification for the caused damage or to carry out actions for prevention or reduction of such infringements in the future [54].

Among legal aspects of control activity working out of questions on interrelation of the control and the power as public relation, about imperious character of control actions is of interest. Underlining imperious character of control activity, it is necessary to notice, that «the control power» is shown available at control bodies of some the powers given legislatively [55].

The important condition of the rational organisation of the control - working out of its scientifically proved classification [56 [57]. Plurality of the points of view on a problem of classification of the control testifies to its complexity and synthetic character. Today any of the classifications offered in the literature does not consider all variety of kinds of the control and does not answer principles sistemnosti.

The control can be considered and in aspect of the control of a civil society over activity of the state bodies [58].

Some authors [59] discriminate following principal views of the control on the subjects who are carrying out control functions; the state, public organisations, labour collectives citizens as private persons. Proceeding from it, it is possible to draw a conclusion that on subjects the control is subdivided into such kinds as state and public [60].

According to structure of the Russian society the control is subdivided into state and public (civil). Both these of a control kind represent a way of self-control of the system, providing the ordered interaction of its components by means of standard (including legal) regulations [61].

The essence of the control over activity of authorities consists that representatives on that the state bodies and public organisations, using organisation-legal ways and means, find out, whether are admitted in activity

Under control authorities and their officials any

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Legality infringements, and if those are available in due time them eliminate, restore the rights broken thus, involve guilty in responsibility, take measures on prevention

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Legality and discipline infringement.

Package approach to the control analysis allows to consider, that a fundamental constant of a democratic lawful state in which the power proceeds from the people and to it should and come back, should be the control suverena over the bodies possessing delegated powers on realisation of functions

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The government and local government.

Thus, the control assumes realisation of the qualified, professional supervision over that actual activity of the state bodies and officials strictly corresponded to the instructions containing in the law, and in the maximum degree would provide performance of the functions by them, law and order protection, interests of a society, the right and freedom of citizens. The control allows to receive the information on a legality condition in the government device, about the maintenance and an orientation of its activity that promotes execution of the standard legal acts regulating those or other public relations; with its help responsibility [62 [63] [64] should raise

State administrative personnel for appropriate performance of the duties; the control gives possibility to check up conformity of certificates of management of the Constitution of the Russian Federation and to the legislation, and, in case of need, to take measures on data restoration

Conformity [65]. Control appointment consists in supervision over conformity of activity of under control object to those instructions which it receives from an operating link. In the course of such supervision the actual state of affairs is analyzed, true position is compared with the planned purposes, controllable activity is estimated and ways of elimination of the opened lacks [66 [67] are defined. Efficiency factors

The control publicity of activity of controls, possibility of reception by citizens full and a trustworthy information about activity of the state and municipal bodies, including the information on the control over their work, increase of professionalism of control bodies, development public are

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Activity of citizens.

Despite variety of interpretation of essence of concept "control", it is necessary to notice, that in modern conditions it possesses the sufficient feature set, allowing to speak about its autonomy and otgranichenii from other similar concepts. Development and a substantiation it is limiting the general concept "control" possessing the minimum maintenance, and fixing a minimum of signs of carried out actions and thus displaying fundamental, most essential communications and relations, is necessary and

Prime step to working out of the theory and the construction concept

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Monitoring systems.

Thus, it is possible to designate following basic signs of any (including public) the control.

Imperious character as which we will be understood not an accessory control functions only to authorities, and reception of the right of the control only on the basis of the powers given by laws and other standard legal acts.

Object of the control is both legality, and expediency of activity supervised, therefore it will be more low noticed, that public control will be understood as check of conformity of activity of public authorities and local government not to norms of the legislation, and public interests; such arrangement of priorities will allow to cover both concept of legality, and expediency.

Between supervising instance and controllable there are liability for control relations; in a case with public control, such relations are designated in the Constitution of the Russian Federation where it is said, that a unique source of the power in the Russian Federation are its multinational people, and, carrying out the power through the representatives in public authorities and local management, it keeps the right of the control of such representatives and is right to participate in a state administrative office directly.

The majority of authors, distinctions supervision and the control, allocate two base differences: supervision is carried out concerning unmastered objects and the control means possibility directly to interfere with activity of controllable bodies up to cancellation [68]

Illegal certificates, and supervision - only supervision and protest

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Illegal action and certificates.

The control includes supervision over legality and

Expediency of activity, its estimation legal, scientific,

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Sociopolitical, organizational-technical positions.

Studenikina M. S writes, that control bodies are interested not only that, has broken or not the subject of management the current legislation, but also that, how much correctly, expediently and effectively it used all invested it with powers. Specificity of administrative supervision is shown in restriction of its competence by check only legality of actions of the concrete subject. Supervision is a version of the subordinated control, and represents the form of active supervision accompanied by application in necessary cases of measures of administrative compulsion. Supervision is possible only in relation to organizational not to the subordinated subjects while the control is carried out in the relation both organizational subordinated, and unmastered subjects.

At supervision it is a question of supervision over form observance: procedures, an order, correctness of execution of commissions are checked. Supervision does not solve all complex of the problems put before control function. During supervision there is a supervision over realisation of the rights in subjective sense. Essence of supervision - check of correctness of execution, that is supervision of certain activity, of certain legal relations in which course there is a right realisation. Actually supervision is carried out for [69 [70] [71]

Correctness of realisation of rules of law. At supervision realisation there is no estimation of expediency of existence of those or other relations, expediency of realisation of the rights.

Zinovev A. V allocates following criteria on which supervising activity differs from the control: between supervising body and the person under surveillance there are no subordination or jurisdiction relations; the supervising body has no right to interfere with operative, administratively-economic and other activity, to instruct on elimination of the found out infringements; the supervisory authority has no right to cancel the illegal certificate, to punish the infringer; object of supervision is legality, but in no way expediency; supervision is not characterised by planned character and sistemnostju; as a result of the control the question dares in essence whereas supervision is limited to conformity or discrepancy ascertaining

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It is established to norm.

So, we will allocate the basic groups of distinctions on which supervising activity differs from the control.

First of all, it is subordination relations. Control activity is carried out concerning subordinated body, and in case of supervision of the relation of subordination between the person under surveillance and the supervisor are absent.

The intervention right in activity of the checked. The control body in the course of realisation of the activity has the right not only to interfere with operative, administratively-economic and other activity, but also to instruct on elimination of infringements and to lead for the control of their execution. Supervising bodies do not possess the similar right. [72]

Influence measures. By results of control activity the checking body has the right to apply within the limits of the competence measures of influence in case of detection of infringements. Here it is possible to carry the right of cancellation of the illegal legal act. Supervising bodies have the rights only to specify in the revealed infringements and to recommend procedures of their elimination.

Criteria of the control and supervision. In case of supervision carrying out it is possible to speak about check of conformity of activity of the person under surveillance to legislation requirements. When we speak about the control, here except legality we consider as well expediency of actions and decisions of under control body.

As to the legal phenomenon the information nature that causes the organisation of reception, transformation, storage, use and an information transfer is peculiar to the control. The information anywhere and never meets in the pure state, without the material carrier. In spite of the fact that in social systems on the foreground the semantic (semantic) party of the information opening its maintenance both representing value and value for control activity is put forward, the quantity of the arriving information does not lose the value: it can be measured and is regulated. Moreover, expansion of volumes of the information can promote deepening of knowledge of controllable processes, to select, from the point of view of positive influence on them most valuable and essential information.

The majority of modern methods and control tools are realised only by means of information technologies and systems, [73] especially when processes are carried out with use of computer technics and information systems [74].

The control purpose - an information transparency of object of the control for possibility of acceptance of effective decisions. Thus in concept of an information transparency representation about liability for control degree, that is how maintenance of a demanded condition [75] is provided is reflected.

Considering control procedure, it is possible to notice, that the control consists in carrying out of certain actions. The set of these actions has some discriminating features caused by specificity of the purposes of the subject and essence of object, but the obligatory system complex of the actions closely interconnected, repeating and independent from any factors, including from the purposes of the subject, a kind of object, time, a place of carrying out and other objective factors is thus allocated: carrying out of supervision, measurement of actual indicators (the facts and characteristics) and their comparison with the established standards; definition of deviations of actually received data from "reference"; documenting of results about it and their finishing to subjects of the control [76]. The essence of carrying out of these actions consists in reception of the control information on object as a result of comparison of the revealed and fixed condition of under control object, to the provided in advance or defined condition provided in advance by norms (the standard of a condition of object).

Thus, the control as process of gathering, processing and the information analysis is interesting to us. It is directed on persons - owners of the information which interests those who carries out control actions. From degree of availability of such information, from readiness to it of owners to go on cooperation in its granting, efficiency of any control directly depends on clearness of standard legal fastening of control procedures.

In the literature it is possible to meet statements about existence of the information control. For example, Haritonov A. N, marking information loading of the control as process which is inherent in the control by its nature, supposes thought on existence of the information control. It is incorrect to reduce the control only to reception of the corresponding information, however in a reality the situation when tracing of this or that phenomenon becomes if not the only thing, at least, defining mission of the control can take place. As an example it is possible to mention the existing Russian validity where conditions are studied, analyzed, but corresponding reaction

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It is carried out inertly, with obvious lateness.

The given term also is used by a number of authors with negative loading as a designation of illegal restriction of the right to the information from the state. There is an opinion, that the increasing information of the world leads to directly proportional strengthening of the control over people that is fraught with occurrence of the totalitarian society based on the electronic (information) control. At the heart of the information control the important question of identification of people and subjects lays. [77 [78]

The information control in no way cannot be identified with censorship. So, similar fears have arisen, after the concept «Development of an information society and use of information and communication technologies in the Ulyanovsk area in 2009-2011» has been promulgated. Fears consisted that is a question of the total control of all and everything, including regional mass-media. As it was found out, the concept concerns the total control, but the control not for journalists, and first of all behind document circulation, and in the second - for officials. One of the Concept purposes designates improvement of quality of administrative and managerial processes, perfection of system of information-analytical maintenance of accepted decisions at all levels of the government, maintenance of efficiency and completeness of the control over results of activity of executive powers of the government.

However we will underline, that the concept «the information control» in the domestic legislation is not used.

Let's consider use of institute of the control in action sphere it is information-rules of law.

In the Federal act «About the State automated system of the Russian Federation"Elections"article 23 is devoted the control of use of the named system. At use GAS"Elections"in whole, its separate fragments, complexes of means [79 [80] [81] automation by preparation and elections and a referendum the electoral commission, the referendum commission forms group for the control over use GAS"Elections". The structure of group of the control includes members of corresponding electoral commission, the commission of a referendum with the right to vote and members of the corresponding commission with the deliberative vote right. Members of group of the control select from the structure of the head of group of the control. The control group carries out the control over observance of the legislation of the Russian Federation about elections and a referendum, other standard legal acts regulating use GAS"Elections".

According to Federal act article 23 «About

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Personal data »the authorised body on protection of the rights of subjects of personal data is the federal enforcement authority which is carrying out functions under the control and supervision in sphere of information technologies and communication. Now the Authorized body on protection of the rights of subjects of personal data is the Federal service on supervision in sphere of communication, information technologies and mass communications (Roskomnadzor), namely one of its managements - Management on protection of the rights of subjects of personal data. The federal service on supervision in sphere of communication, information technologies and mass communications is the federal enforcement authority which is carrying out functions under the control and supervision in sphere of mass media, including electronic, and mass communications, information technologies and communication, function under the control and supervision of conformity of processing to the personal given [82] requirements of the legislation of the Russian Federation in area

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Personal data.

The control over providing of access to the information on activity of the state bodies and local governments according to Federal act article 24 «About providing of access to the information on activity of the state bodies and

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Local governments »heads of the state bodies and local governments carry out. Supervision of execution by the state bodies, bodies of the local

Self-management, their officials carry out organs of the Prosecutor's Office of the Russian Federation.

Federal act article 25 «About providing of access to

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Information on activity of vessels in the Russian Federation »are fixed by position that the control over providing of access to the information on activity of vessels is carried out within the powers by chairmen of vessels, the General director of Judicial department at the Supreme Court of the Russian Federation,

Heads of bodies of Judicial department, representatives on realisation of the specified control members of bodies of judicial community.

The law of the Russian Federation «About mass media» [83 [84] [85] [86] in article 31.6. Fixes concept of the licence control. The licence control is spent by licensing body with a view of check of completeness and reliability of data on the competitor of the licence, containing in presented by the competitor of the licence the statement and documents, possibility of performance by it of licence requirements and conditions, and also check of data on the licensee and observance of licence requirements by it and conditions at realisation of a licensed kind of activity.

The control over delivery of an obligatory copy is designated in Federal act article 21 «About an obligatory copy of documents» [87 [88]. The control over delivery of an obligatory copy to addressees of documents is assigned to the organisations which are carrying out registration and the account of corresponding kinds of an obligatory copy. Data on nondelivery, untimely and incomplete delivery of an obligatory federal copy, an obligatory copy of the subject of the Russian Federation, an obligatory copy of municipal union are represented accordingly in carrying out the control over representation of an obligatory copy federal enforcement authorities, enforcement authorities of subjects of the Russian Federation, local governments. The procedure of the control over representation of an obligatory copy is defined by the Government of the Russian Federation.

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The federal act «About archival business in the Russian Federation» in article 16 fixes the control over observance of the legislation on archival business in the Russian Federation which is carried out by federal public authorities, including the special representative the Government of the Russian Federation federal enforcement authority, public authorities of subjects of the Russian Federation, including the authorised bodies of the executive authority of subjects of the Russian Federation in the field of archival business, within the competence defined by the legislation of the Russian Federation and the legislation of subjects of the Russian Federation.

The monitoring procedure order behind formation and use of the state databank about children «About the state databank about children who have remained without care of parents» carries the Federal act to conducting the Government of the Russian Federation.

Federal act article 5 «About guarantees of equality of parliamentary parties at illumination of their activity by the state popular television channels and radio channels» [89 [90] control over maintenance of guarantees of equality of parliamentary parties at illumination of their activity by the state popular television channels and radio channels is carried out by the Central electoral commission of the Russian Federation with the assistance of parliamentary parties, Public chamber of the Russian Federation, the federal enforcement authority authorised on realisation of functions under the control and supervision in sphere of mass media, and the all-Russian organisation of tele-radio broadcasting which are the founder and the distributor of the state popular television channels and radio channels.

The federal act «About an order of illumination of activity of public authorities in public funds of the mass information» [91 [92] in article 14 fixes position that the control over observance by public authorities and the state audiovisual mass media of requirements of the legislation of the Russian Federation about an order of illumination of activity of public authorities in public funds of the mass information is carried out by the Federal commission on tele-radio broadcasting in conformity. The federal commission on tele-radio broadcasting carries out control powers concerning the state audiovisual mass media exclusively by the analysis of records a body - or radio programs after their broadcast.

On maintenance of protection of the state secret procedures as control, and supervision are directed. The law of the Russian Federation «About the state secret» in article 30 fixes control powers in this area to the President of the Russian Federation and the Government of the Russian Federation. The federal state control over maintenance of protection of the state secret according to article 30.1. It is carried out by the authorised federal enforcement authorities.

Article 31 fixes the interdepartmental and departmental control in public authorities carry out the federal enforcement authority authorised in the field of maintenance of safety, the federal enforcement authority authorised in the field of defence, the federal enforcement authority authorised in the field of external investigation, the federal enforcement authority authorised in the field of counteraction to technical investigations and technical protection of the information, and their territorial bodies to which this function is assigned by the legislation of the Russian Federation. The control over maintenance of protection of the state secret in Administration of the President of the Russian Federation, in devices of chambers of Federal assembly, the Government of the Russian Federation will be organised by their heads. The control over maintenance of protection of the state secret in courts of justice and organs of the Prosecutor's Office will be organised by heads of these bodies. Supervision of legislation observance at maintenance of protection of the state secret and legality of decisions accepted thus is carried out by the Prosecutor General of the Russian Federation and the public prosecutors subordinated to it.

The federal act «About protection of children against the information harming their health and development» [93] in article 20 defines, that the state supervision and the control over observance of the legislation of the Russian Federation about protection of children against the information harming their health and (or) to development, are carried out by the federal enforcement authority authorised by the Government of the Russian Federation. Also public control in it to sphere is fixed. Registered in the order established by the federal act public associations and other noncommercial organisations according to their charters, and also citizens have the right to carry out public control over observance of requirements of the present Federal act according to the legislation of the Russian Federation.

Thus, the control can be considered as process of gathering of the information on deviations of controllable object from existing norm with influence possibility on it with a view of elimination of the revealed deviations and restriction in order to avoid approach of negative consequences.

Formation of a civil society and lawful state in the conditions of modernisation of a society demands strengthening of the control of activity of authorities. Any state cannot is high-grade to function without the developed system of public control. It is shown in difficult system of controls and counterbalances at realisation of a principle of separation of powers, in an openness and availability of the state bodies, in their accountability to all people, in their interaction from mass-media, institutes of a civil society [94].

Great thinkers of the past spoke about importance of the control of the people. Aristotle considered, that the people control is one of conditions of political stability and prosperity of the state [95]. S.Monteske approved, that presence of laws gives possibility poddanym to carry out the control of actions of the government [96 [97]. Also meaning the people control, Gegel underlined, that suppression zloupotrelenija the power should be provided with the control from above, which at it

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Insufficiency, it should be supplemented with the control from below.

With development of institutes of the civil society, called to counterbalance the state power, and vjazano

Perfection of the nature of the control over activity of the state bodies. Only economically both politically free citizens and their associations are capable to provide the effective, independent, real control in government sphere. From what the conclusion about public control consideration through a prism of control activity of institutes of a civil society and separate citizens [98] becomes.

About a place and a public control role, and also about its importance for democratic development of a lawful state speaks its fastening in a number of standard legal acts, and also the numerous scientific works written in this respect.

The federal act «About the general principles of the organisation of local government in the Russian Federation» [99 [100] in article 28 has fixed for the first time such form of participation of the population in local government realisation as public hearings. They are spent not only for the purpose of informing of the population on carried out or planned activity or finding-out of opinion of the population on the discussed

To questions, but also for the purpose of control of acceptance and

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Realisation of decisions.

Akopov L. V speaks about the democratic control over state bodies as one of ways of realisation of the sovereignty of the people there where its subject are the people as a whole [101].

Not state control in forms of independent audit and public control [102] is repeatedly mentioned.

If to mean subjects of the control, Haritonov differentiates its such kinds, as state and public [103 [104] [105].

Also the spectrum of offered definitions of concept "public control" is wide enough.

Public control is a control from the multinational people and a civil society of the Russian Federation, political parties and public associations, trade unions, mass media, various social groups and communities of a civil society behind activity of the state and municipal bodies

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The authorities.

Goncharov And. A defines the public (civil) control as the activity which is carried out by non-governmental associations and separate people, directed on revealing and suppression of infringements of the rights and freedom of the person from authorities and their officials, on protection of the people who have suffered from such infringements, and also on perfection of the government and justice maintenance.

For the steady and balanced functioning of the device of the government generated by means of democratic institutes, the society should have modern and effective tools of the independent control of activity of public authorities and local governments.

Despite lacking in the Constitution of the Russian Federation of direct fastening of public control, the constitutional base for it are parts of 1 and 2 articles 3, a part of 4 articles 29, a part of 1 article 32, article 33. Complex interpretation of these articles allows to draw a conclusion, that the right of citizens to direct participation in a state administrative office in together with the right to individual and collective references, the right to the information and a presumption of that a power source in the Russian Federation is the people, forms representation about such legal phenomenon as public control.

But for high-grade work of mechanisms of public control the society requires the standard legal acts directly devoted to regulation of public relations in sphere of public control. There is a sharp necessity for working out and acceptance at federal level of a package of certificates, which

Would allow to expand public control frameworks, about it

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Modern scientists speak also.

Wide enough spectrum of the standard legal acts accepted at the most various levels in absence

strukturoobrazujushchego the law which regulated public control system, leads to that principles

Public control, implitsitno embodied in the federal constitutional legislation, not always receive adequate reflexion in concrete laws and positions. That is why so acceptance at federal level of the supervising law which would include the uniform conceptual device for the legislation on public control, a uniform complex of principles, a uniform design of the legislation on public control, [106] including federal, regional and municipal levels is important.

As it was marked in the Concept long-term socially - economic development of the Russian Federation for the period to 2020

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Year, transition to the innovative socially focused type of development is impossible without formation institutsionalnoj the environment promoting growth of enterprise and innovative activity on the basis of freedom of creativity, self-realisation of each person. Such institutsionalnaja environment is characterised, including public control over state and business activity.

For today the legal base testifying to necessity and inevitability of public control in the majority of spheres of legal regulation was already generated.

A number of normative acts is devoted directly to a regulation of activity of subjects of public control: FZ «About the Representative under human rights in the Russian Federation» where it is noted not only its role as direct participant of public control, but also principles of its interaction with other subjects [107 [108]; FZ «About Public chamber of the Russian Federation» [109]; the Decree of the President of the Russian Federation «About Council at the President of the Russian Federation on development of a civil society and human rights» [110] which primary goals include assistance to working out of mechanisms of public control in the field of maintenance and protection of the rights and freedom of the person and the citizen, preparation of corresponding offers to the President of the Russian Federation.

Public control kinds can be classified on spheres of its realisation [111].

In sphere of protection of environment a number of standard legal acts testifies to existence of the public ecological control. Here it is possible to speak both about actually public ecological control [112 [113], and about its subspecies. There is a public control in the field of the reference with a waste, public control over protection of atmospheric air [114], public control over maintenance of radiating safety [115].

Here the public ground control which is carried out by bodies of territorial public self-management, by other public organisations (associations), citizens behind observance of the established order of preparation and acceptance by executive powers of the government and local governments of the decisions mentioning legitimate interests of citizens and legal bodies, and also behind observance of requirements of use and protection of the earths [116] is noted also.

With a view of the prevention and liquidation of pollution of superficial and underground waters, soil and atmospheric air a household waste and sewage, observance of sanitary and other rules of the maintenance of the ground areas concerning property of common use, the garden, garden and country ground areas and territories adjoining to them, maintenance of performance of fire prevention rules at operation of furnaces, electric systems, electroinstallations, fire extinguishing means, and also with a view of protection of monuments and objects of the nature, history and culture on general meeting of members gardening, ogorodnicheskogo or country noncommercial association (meeting of representatives) the commission of such association on the control over observance of the legislation which works under the guidance of board of such association can be selected. The commission gardening, ogorodnicheskogo or country noncommercial association under the control over legislation observance renders the advisory help to members of such association, provides performance by gardeners, truck farmers and summer residents ground, nature protection, wood, the water use legislation, the legislation on town-planning, about sanitary - epidemiological well-being of the population, about fire safety, draws up statements about infringements of the legislation and leaves such certificates for acceptance of measures of board of such association which has the right to represent them to the state bodies which are carrying out the control over observance of the legislation.

Besides, citizens and legal bodies, including public associations and the religious organisations, participate in protection and fauna use, preservation and restoration of environment of its dwelling and can in this connection to carry out public control [117 [118].

The right of citizens and legal bodies to reception of the information in the field of work on storage, transportation and destruction of the chemical weapon [119 [120] [121] and access right is besides, marked on

Objects on storage of the chemical weapon and objects on destruction

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The chemical weapon.

In sphere of public health services and social development citizens have the right to carry out public control over performance of sanitary rules. The control of public associations over observance of the rights and legitimate interests of citizens is provided at rendering of the psychiatric help [122]. Besides, there is a public control over federal act observance «About state regulation of manufacture and a turn of ethyl spirit, alcoholic and spirtosoderzhashchej production». Within the limits of the similar control can be created advisory-expert

Councils at federal bodies legislative and the executive authority, bodies legislative and the executive authority of subjects of the Russian Federation. But in point 3 of specified article from-for liabilities for control it is advisory-advisory councils

To the state authorities public character of the control is lost. It would be expedient to exclude the given point, or to transfer it for frameworks of article about public control.

As there is a public control in sphere of protection of children from the information harming their health and (or) to development in which frameworks citizens and noncommercial public organisations to address in the federal enforcement authority authorised by the Government of the Russian Federation, for carrying out of examination of information production.

Public control over formation and investment of means of pension accumulation is carried out by Social council on investment of means of pension accumulation.

For maintenance of public control over investment of accumulation for housing maintenance of military men Council about investment of accumulation for housing maintenance [123 [124] [125] which is independent of the state and municipal bodies is created.

Also the social council on investment of means of pension accumulation for maintenance of public control over formation and investment of means of pension accumulation [126] is created.

In the field of regulation of labour legal relations of position about public control appear directly in the Labour code of the Russian Federation. Among the basic directions of a state policy in the field of a labour safety assistance to public control over observance of the rights and legitimate interests of workers in the field of a labour safety [127 [128] [129] is marked. In this connection the employer is obliged to provide the unobstructed admission of representatives of bodies of public control with a view of carrying out of checks of conditions and a labour safety and investigation of accidents on manufacture and occupational diseases.

Besides this position about public control have found the reflexion in the legislation on obligatory social insurance. So, the number of main principles of realisation of obligatory social insurance includes supervision and public control maintenance. In frameworks the control over realisation of obligatory social insurance from accidents on manufacture and occupational diseases public control over observance of legitimate rights and interests insured carry out trade unions or others authorised insured representative bodies [130]. Here trade unions are presented as the basic subjects of public control in sphere of labour legal relations.

One of principles of placing of means of pension reserves and investment of means of pension accumulation notes a principle of a transparency of process of placing of means of pension reserves and investment of means of pension accumulation for bodies of the state, public supervision and the control. By the charter of not state pension fund obligatory formation of a board of guardians - the collegiate body carrying out supervising functions and providing public control over activity of fund should be provided. The board of guardians as obligatory controls for fund here is presented as the subject of public control.

In an education sphere and sciences there is a public control over observance of the legislation in the field of invention and carries out its All-Union society of inventors and rationalizers. Here it is possible to observe an example of creation of special body of public control in concrete sphere.

In the Law of the Russian Federation «About formation» [131 [132] [133] [134] mechanism of public control is provided with a view of maintenance of observance of an order of carrying out of the state (total) certification of the trained. The right to be present at quality of public observers is given to citizens at its carrying out.

The president marked necessity of creation for the state and municipal educational institutions of boards of guardians, meaning an establishment of public control over use of target payments and donations legal and physical persons for needs of educational institutions. It is necessary to notice, that the in itself institute of boards of guardians demands additional legal regulation and as the subject of public control, and as the social customer of educational services. Besides, the role of boards of guardians in public control realisation is provided and in other areas. So for realisation of public control over activity in sphere of funeral business at enforcement authorities of subjects of the Russian Federation and local governments trustee (observant) councils concerning funeral business can be created. The order of their formation and power are defined by enforcement authorities of subjects of the Russian Federation and local governments [135 [136] [137]. Here too on the person the contradiction to a principle of independence of public control from the state and municipal bodies.

In sphere of law-enforcement activity and execution of punishments there is a public control over police activity. Citizens of the Russian Federation, public associations carry out public control over police activity according to the federal act «About police». It is necessary to add this point with position «and the legislation on public control» as much as possible full to outline powers of subjects of public control. Also public control is carried out here by Public chamber of the Russian Federation.

The public observant commissions and members of these commissions carry out the control over maintenance of the rights of citizens in the places of the compulsory maintenance which are in conducting of federal enforcement authority in sphere of internal affairs, according to the Federal act «About public control over maintenance of human rights in places of the compulsory maintenance and about assistance

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To the persons who are in places of the compulsory maintenance ».

Besides, without the special permission to visit the establishments executing punishments, and investigatory insulators for control have the right members of the public observant commissions formed according to the legislation of the Russian Federation, at public control realisation for

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Maintenance of human rights within corresponding territories.

Also there are Social councils at the Ministry of Internal Affairs of the Russian Federation and its territorial bodies, one of which primary goals is realisation of public control over activity of law-enforcement bodies [138 [139] [140].

Besides it, the commissions concerning the pardon among which primary goals there is a realisation of public control over timely and correct execution in territory of the subject of the Russian Federation of decrees of the President of the Russian Federation concerning the pardon, and also behind conditions of the maintenance condemned [141] are formed.

In the field of the control of activity of the state and municipal bodies, and also corruption counteraction, it is possible to note FZ «About system of public service of the Russian Federation» where among main principles of construction and functioning of system of public service the openness of public service and its availability to public control [142] is noticed, that in the Federal program «Reforming and development of system of public service of the Russian Federation (2009 - 2013)» [143] also was underlined.

Public control of observance by civil servants of due morals is carried out by means of the reference of citizens in corresponding, statutory, state bodies, through political and other public organisations, mass media [144].

The state in the name of federal public authorities and public authorities of subjects of the Russian Federation has a number of the mechanisms, allowing to carry out a state policy in the field of local government development in the Russian Federation. Information support of local government, including informing on a population role concern such mechanisms in creation of system of public control over activity of local governments. Successful realisation of a state policy in the field of local government development in the Russian Federation should lead to creation of system of interaction of the population, local government and the government. Effective functioning of this system will allow to provide finding by citizens of skills of public control over efficiency of their activity [145].

In FZ «About corruption counteraction» development of institutes of the public and parliamentary control over observance of the legislation of the Russian Federation about corruption counteraction is designated as a measure on preventive maintenance of corruption [146 [147] [148], and one of the basic directions of activity of the state bodies on increase of efficiency of counteraction of corruption names creation of mechanisms of public control over activity

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The state bodies.

With a view of the organisation of execution of the Federal act «About corruption counteraction» and realisations of National strategy of counteraction of corruption the President of the Russian Federation has charged to the Government of the Russian Federation in common with Schetnoj chamber of the Russian Federation to take measures on strengthening of public control over use of budgetary appropriations of the federal budget, budgets of subjects of the Russian Federation and local budgets.

In sphere of financial legal relations public control over observance of the antimonopoly law of the Russian Federation [149] is marked among priorities of a state policy in the field of formation of a modern market infrastructure.

Formation of system of professional certification of bookkeepers and auditors, joining to activity of the corresponding international professional organisations, working out and wide social recognition of norms of a professional etiquette, the organisation of public control over professional work [150] are assumed creation of some authoritative and representative professional (self-regulated) associations.

Also public control over activity of the Financial ombudsman with a view of which realisation the Public supervisory board of the Financial ombudsman from among the most authoritative experts in the financial market and representatives of profile state bodies [151] is formed is provided also. The financial ombudsman annually represents to the Public supervisory board of the Financial ombudsman and publishes the report on the activity. The public supervisory board can give to the Financial ombudsman and its Secretary of the recommendation concerning the organisation of their activity, not connected with a being of considered statements (complaints) and accepted certificates, including on the basis of the arrived references of the financial organisations and citizens. The lack of public control regarding recommendatory value of its decisions which in practice remain without attention Here opens.

Among main principles of development of standard legal base of a securities market there is a development non-departmental and public control over reliability of the information and creation of system of independent public control of activity in the market, development of the public initiative and increase of a role of public associations of investors and other professional participants of the market in formation of a modern society meeting requirements

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The market.

Variety of organizational actions is provided on

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To maintenance of the rights of investors and shareholders. Creation of the complex monitoring system concerns directions of activity of federal public authorities on maintenance of the rights of investors and shareholders behind activity of the commercial organisations in the financial and share markets of the Russian Federation by development of system of public control over activity of the credit organisations and other commercial organisations in the financial and share markets of the Russian Federation.

The government of the Russian Federation provides attraction of public organisations of investors and shareholders and Fund to the control over observance of conditions of storage and property realisation, [152 [153] property rights of investors intended for satisfaction and the shareholders broken as a result of wrongful acts in the financial and share markets of the Russian Federation.

Within the limits of creation of the complex monitoring system behind activity of the commercial organisations in the financial and share markets of the Russian Federation there is a development of system of public control over activity of the commercial organisations in the financial and share markets of the Russian Federation.

With a view of strengthening of public control over protection of the rights of investors in the financial and share markets of the Russian Federation it is necessary for the Federal commission on securities and the stock market at the Government of the Russian Federation to involve public organisations of investors and shareholders in work of Fund and regional funds on protection of the rights of investors and shareholders and to ensure functioning of Social council on affairs of investors and shareholders at the Federal commission on securities and the stock market at the Government of the Russian Federation.

Besides, modification and additions in the Civil code of practice of the Russian Federation, providing an order of storage, management and realisation of the arrested and confiscated property in connection with offences in the financial and share markets of the Russian Federation at which the control from the public associations created with a view of protection of the rights of investors and shareholders is provided, including committees on protection of the deceived investors is necessary and

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Shareholders. [154]

Positions about public control meet also standard legal acts of other areas. So in the Federal act «Technical regulations about requirements of fire safety» [155] it is noticed, that the off-schedule inspection control is spent in case of receipt of the information on claims to safety of production from consumers, trading organisations, and also from the bodies which are carrying out the public or state control over quality of production on which the certificate is given out.

Besides, there is a public control over preparation and elections [156 [157].

State policy in sphere of the regional information, directed on maintenance of alignment of rates and level of regional information in which basis the principle of maintenance state and public control over activity of public authorities of subjects of the Russian Federation on gathering and information storage lays, and also on the organisation

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Access to it.

That shakes responsibility in the field of public control, it is presented by unique article - Infringement of the legislation on public control over maintenance of human rights in places

The compulsory maintenance. Necessity sees further to add the federal act with positions about infringement of the legislation on public control basically, and not just only in separate area.

Supervision of execution of laws and of observance of the rights and freedom of the person and the citizen subjects of realisation of public control over maintenance of human rights in places of the compulsory maintenance and assistance to the persons who are in places of the compulsory maintenance is carried out by Office of Public Prosecutor of the Russian Federation [158 [159].

The analysis of the above described standard legal acts has shown, that universal use of the term "public control" is not supported by the general uniform understanding and sense which in it puts pravoprimenitel. It is possible to draw a conclusion on necessity of acceptance of the federal act «About public control bases in the Russian Federation» which can build the uniform scheme for regulation of realisation of public control in all spheres, will promote uniformity of legal regulation and an exception of collisions and blanks, will fill it is information-legal blanks of this legal institution.

Public control principles define essence and directions of development of all complex of rules of law, including is information-rules of law, regulating public control procedures. Necessity of formation of principles of public control as the supervising ideas defining essence and a direction of development of all complex of rules of law, regulating public control procedures, is caused by their basic character in creation of base of regulation of public relations in public control sphere.

For real and effective creation, gathering, processing and an information transfer in procedures of public control activity of its subjects should correspond to principles of independence of associations of the citizens participating in formation of institutes of public control, independence of subjects of public control, an omnitude of public control, generality of public control, publicity of public control, compulsion of public control, variety of forms of public control, a recognition of subjects of public control by representatives of the uncertain circle of persons, public interests operating in protection.

Principle of independence of associations of the citizens participating in formation of institutes of public control. It is known, that besides the real non-governmental noncommercial organisations, there are and pseudo non-governmental noncommercial organisations, that is pseudo-non-governmental organisations.

The public control field opens wide horizons for a political manipulation the public, and through it and state bodies. The mechanisms of misinformation similar to levers of influence of public control, having appeared accessible to public associations with the purposes opposite to maintenance of unity and democratic bases of the Russian state, can cause an essential loss of safety and independence of the country.

It is possible to pay compliments only civilised work of humanitarian and charitable non-governmental organisations.

Including, the operating authorities acting as active critics. However activity of "pseudo-non-governmental organisations", other structures pursuing at support from the outside of the aim of destabilization of conditions in those or other countries, is inadmissible... When activity of the non-governmental organisation does not grow from interests (and

Resources) any local social groups, and it is financed and

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It is sponsored by external forces.

Therefore it is represented, that really independent structures of a civil society should take part in formation of structures of public control only, instead of created is artificial associations, whose purposes korystny or are far from idea of service to public interests.

Besides, the principle of independence of the associations participating in formation of subjects of public control, is sometimes formulated as freedom of public association and

Fixes basic for maintenance of the civil control

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The right to the association not under control to authorities.

The principle of independence of subjects of public control should find the expression in two directions: absence of relations sopodchinennosti between subjects of public control and creation of conditions for partnership between them for an information exchange, rendering of mutual aid and assistance, association of efforts and resources etc.

It is necessary to exclude hierarchies of submission at realisation of procedures of public control for the several reasons. In the-first, it will allow to keep its "public" essence and will confirm [160 [161] equality and availability to all citizens, wishing to take part in public control procedures, will provide equal access of all to the information constituting public interest. In - the second, hierarchical schemes of construction of structures of public control will create new temptations and possibilities of corruption influence and unfair participation in a state administrative office. Therefore, saying about such institutes of public control as public chambers, quite obosnovanno, that regional and municipal public chambers should not be in organizational or financial submission at Public chamber of the Russian Federation.

Besides, vital importance is found here by degree of participation of the state bodies and local governments in formation and functioning of institutes of public control.

Taking into consideration character and the purposes of activity of public chambers, they cannot submit to state bodies in any way on which control of activity is their direct problem. In practice, unfortunately, arise to a case of neglect a principle of independence of institutes of public control. At regional level in a number of regions practice of appointment of members of chambers by governors and legislative assemblies dominates. Such principle of formation of chambers does them not by free institutes of a civil society, and dependent is exclusive from the regional authorities. Besides similar examples contradict also to principles of formation of Public chamber of the Russian Federation. As is known, at formation of federal Public chamber the executive authority, legislative do not participate and do not interfere with process of its formation [162].

Also the special attention is deserved by such institutes of public control as social councils at the ministries and departments. Today functioning of social councils, considering conditions of their formation and the activity, to the full corresponding to a principle of independence of institutes of public control to name is impossible. Their formation by heads of the corresponding ministries and departments is inadmissible, that, at least, undermines their public beginnings, and, if already to speak fairly, calls into question the purposes of their creation. On an exit we have the doubtful scheme of formation of the subject of the control its object.

It is necessary to refuse the departmental approach to formation of such councils - the Public chamber of the Russian Federation, and for regional bodies - corresponding public chambers should approve their structure, for example. Social councils should cease to be convenient for heads of departments. It is necessary to provide participation in them rather independent experts and representatives of interested public organisations. To establish structure of normative acts and programs which cannot be accepted without preliminary and public discussion on Social council [163].

The principle of an omnitude of public control means distribution of such control not only on activity of public authorities, but also on activity of local governments, the state corporations and establishments, law-enforcement, supervising and courts of justice, establishments of execution of punishment, Armed forces and special services.

Also pressing question is distribution of system of public control on activity negosudarstvennyh, using budgetary assignments or fiscal incentives, and also the activity public interests mentioning to some extent. After all at the given stage of advancement of budgetary funds there are more than possibilities for their redirection «in other channel».

Such ubiquity of introduction of procedures of public control should be based, first of all, on the public importance of activity of persons and bodies - owners of the information infringing on public interests.

The principle of generality of public control means garantirovannost possibilities of participation in public control procedures citizens by all, irrespective of a floor, race, a nationality, a social origin and other factors. Public control should be accessible equally to all citizens, wishing to protect public interests. The information constituting public interest, should be accessible to all citizens.

This principle directly is supported in articles 19 and 32 Constitutions of the Russian Federation: citizens of the Russian Federation have the right to participate in a state administrative office as directly, and through the representatives, and also the state guarantees equality of the rights and freedom of the person and the citizen irrespective of a floor, races, nationalities, language, an origin, property and official position, a residence, the relation to religion, belief, an accessory to public associations, and also other circumstances. Also these positions are consolidated by the right of citizens to the information.

Increase of level of legal culture, clearing of public sense of justice, struggle against legal nihilism also act as the public control purposes. After all that the system of measures of public control continued to develop productively, not accurately enough registered principles and norms. The basis of all measures and public control procedures at any stage of its realisation is, first of all, the public. Citizens - carriers of the right to the information, clearly realising that citizenship it not only a mark in the passport, for which civil liability it not only the adverse consequences arising in a kind of default of obligations by the parties under the contract.

Principle of publicity of public control, its absolute information openness. Initially idea of public control includes active and critical supervision over activity of state bodies and other objects of public control. But question occurrence is reasonable: how adequacy, objectivity and legality of similar procedures and who will give guarantees what there will be no abusing and falsifications from subjects of public control will be provided? Here the answer can be only one - only the full information openness and internal self-regulation will allow to provide all features of public control set forth above. It can achieve by creation of the Electronic resource centre of public control.

As one of the major guarantees in the conditions of an intensification of information streams the principle of an information openness and transparentnosti societies which provides attentive supervision and the control over subjects of the government from a society [164] acts.

In this sense important supply with information of public control, inclusion in its mechanisms informatsionnokommunikatsionnyh technologies. For this reason it is offered, that all actions and the events connected with realisation of public control, were accessible to any user of a network of the Internet. The idea of a similar interactive openness can be realised by creation of legal base for the organisation and functioning of the special electronic resource centre of public control. Thus, the portal in a network the Internet where all events and all figures in public control sphere as a guarantee of an information openness of the public control which features will be considered more low will be reflected will be created information.

Possibility of reception by the public full and a trustworthy information about functioning of the state and its bodies, except for the data carried to categories of limited access, promotes formation of the active and informed electorate which is carrying out a political choice with skill and to a lesser degree subject emotions and populist moods. Dependence of the state bodies on the population owing to an adequate estimation of their activity amplifies. The information transparency of activity of the state bodies on the one hand will urge on citizens more attentively to watch their activity, on the other hand, will not leave to officials of a place for corruption maneuver or an elementary negligence. Besides, under condition of the maximum awareness citizens kvalifitsirovanno participate in a public life and in discussion of socially significant questions. The understanding and acceptance from the population of those purposes which are put by the power that guarantees legitimacy of the accepted decisions comes. The more to the information it is accessible to the public, the it is less than hearings and suspicions about power activity, that above trust to it and support [165].

The principle of compulsion of public control is a guarantee of its efficiency. That public control has conceived the action, it should be universal and obligatory. And its compulsion should be expressed in several aspects. In - the first, neither state, nor municipal bodies, in some spheres and in some cases, the private companies, cannot evade from public control. Carrying out of control actions concerning the objects set forth above should not meet any unreasonable obstacles and should be supported everywhere, under a condition, of course, that one are carried out according to the law. Secondly, results of actions of public control and the resulted recommendations should be without fail considered under control objects. Besides, subjects of public control should receive official acknowledgement of such consideration from under control object in reasonable terms and which absence can be regarded as hindrance to realisation of public control and should be the basis for application of corresponding sanctions.

Thus it is necessary to consider, that in itself realisation of procedures of public control cannot be a duty of its subjects. Only voluntariness in decision-making on participation in public control realisation guarantees impartiality and objectivity of its subjects.

The principle of variety of forms of public control should be provided with possibility for citizens to define the form, structure and the name of bodies of public control. Besides, public control in various subjects of Federation can be carried out taking into account local national, cultural and religious customs and traditions [166].

It is possible to carry to the basic forms of public control: public hearings; public discussions; public examination; public check; public investigation; public monitoring; the public initiative as the special form of public control and other forms.

Besides, it is necessary to mean features of realisation of public control in the separate spheres having the specificity. In each sphere there can be independently forms of public control. For example, in sphere of execution of punishments any more the first year exist and successfully the public observant commissions [167] function.

Principle of a recognition of subjects of public control by representatives of the uncertain circle of persons operating in protection of public interests. Introduction in the Russian right of universal institute of protection of interests of an uncertain circle of persons (public interest) will allow to arm citizens with the direct and legitimate tool of influence on the power. Here important separately to stop on formation of concept of public interests. At present it is absent in the domestic legislation though references to public interests under the text of standard legal acts meet often enough.

One suggest to take for a watershed of private and public interest formal criterion - principles of differentiation private (private life sphere) and public (a state and society field of activity) the rights. However, in this case the private interest sphere will aspire to zero therefore as practically all aspects of life of the person will formally concern «public interest» (public law). Others as a key sign suggest to use the public importance or the social danger (including possible) concealments of those or other facts of a private life of the person. And, obviously, in various situations with reference to various categories of people or separate persons the border between private and public interest will "float" [168].

In protection of necessity of definition of concept of public interest at level of the federal legislation, it is necessary to notice, that gaps in law as that absence of definition of such legal phenomenon as public interest, open where bolshee a field for law-breakings, than presence let not ideal, but definition fixed legislatively which will have, at least, official interpretation, as will clear up in pravoprimenenie. Therefore, it is expedient to define public interests as the legitimate interests of citizens connected with maintenance of their safety and well-being, stable and a society sustainable development.

Some researchers also supplement the set of principles resulted above, including in it also: justice, objectivity,

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dokazatelnost, civil activity, dynamism.

We do not result in the given list a principle of independence of the public control or subjects carrying out it as, unlike an independence principle, independence means absence of interrelation with any structures, capable to have external influence on described procedures. And influence such can be both negative, and positive. In our case, speaking about public control, we consider, that it is impossible without cooperation of the public with the state bodies which assistance to public control procedures is their compulsion. Free information interchange should be guaranteed. Therefore in this case the independence principle not to the full reflects character of the legal relations arising at realisation of procedures of public control.

Besides, in some cases and public control is designated in a role of a principle of activity of the noncommercial organisations. For example, in the Arch of main principles of activity of the noncommercial organisations the principle of public control and participation in management is noted: According to the mission and possibilities the noncommercial organisation undertakes measures to perfection of the legislation and realises the public control right. At the heart of the given obligation adherence to representations lays that the noncommercial organisation answer (as well as authorities) for realisation of public interests, including a formulation of public requirements, their advancement up to [169] before acceptance of corresponding laws. Public control over socially significant processes and activity, including activity of authorities, is the right which citizens realise, in

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That number, and through the noncommercial organisations.

Unfinished remains while the mechanism of effective reaction of public bodies on public control. It very much a challenge, for its successful decision the antagonism of the state and the population should be removed. Not direct duty of public authorities and local government can become an exit here to execute requirements of subjects of public control, and introduction of obligatory reaction to results of public control in corresponding forms and terms which should be reasonable and sufficient.

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A source: Okolyosnova Olga Alekseevna. information-LEGAL BASES of PUBLIC CONTROL In the RUSSIAN FEDERATION. The dissertation On competition of a scientific degree of the master of laws. Moscow - 2014. 2014

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