Khaitov Grigoriy Aleksandrovich , Yakimova Ekaterina Mihailovna

The article presents the results of a study of changes in the legislative regulation of a preventive visit as one of the preventive measures within the framework of state control (supervision). It is concluded that a mandatory preventive visit actually corresponds to the characteristics of a control and supervisory measure. It is established that the change in legislation has led to a violation of the systematic approach to regulating public relations in the sphere of state control (supervision), which previously drew a clear line of demarcation between control and supervisory and preventive measures. The presence of defects in the legislative regulation of mandatory preventive visits has been established: the lack of regulation of the content and procedures for the actions of control and supervisory bodies during a preventive visit (in contrast to control (supervisory) actions, the content of which is regulated by law); failure to extend to a preventive visit guarantees of the rights of supervised persons during control and supervisory measures; lack of regulation of procedures for objecting to the act issued based on the results of a preventive visit. It was found that in law enforcement practice, the results of preventive visits are becoming the basis for holding economic entities administratively liable, as well as for filing court demands against regulated entities to perform certain actions. It was concluded that the transformation of preventive visits has led to a decline in the level of protection of economic entities' rights, as legislation allows for the application of certain sanctions to regulated entities based on the results of preventive visits, circumventing the prohibitions and restrictions established for regulatory authorities related to regulatory and supervisory activities

state control (supervision), regulatory and supervisory activities, preventive visit, preventive measures, regulatory and supervisory activities, control, supervision, violation prevention, mandatory requirements

Khaitov Grigoriy Aleksandrovich – Candidate of Judicial Sciences, Associate Professor of the Department of Constitutional and Administrative Law, Baikal State University (11, Lenin st., Irkutsk, 664003, Russian Federation), ORCID: 0000-0003-3572-639X, SPIN: 1509-2621, RSCI Author ID: 693203, e-mail: g.khaitov@mail.ru

Yakimova Ekaterina Mihailovna – Candidate of Judicial Sciences, Associate Professor, Head of the Department of Constitutional and Administrative Law, Baikal State University (11, Lenin st., Irkutsk, 664003, Russian Federation), ORCID: 0000-0002-2951-4131, RSCI Author ID: 525314, e-mail: yakimova_katerin@mail.ru

Khaitov G.A., Yakimova E.M. Transformatsiya profilakticheskogo vizita v sisteme gosudarstvennogo kontrolya (nadzora): voprosy zakonodatel'nogo regulirovaniya i pravoprimeneniya [Transformation of Preventive Visit in the System of State Control (Supervision): Issues of Legislative Regulation and Law Enforcement] Sibirskij yuridicheskij vestnik [Siberian Law Herald]. 2026, no 2 (113), pp. 45–50. – DOI 10.26516/2071-8136.2026.2.45 (in Russian).

342.9

1. Belsky K.S. K voprosu o predmete administrativnogo prava [On the subject of administrative law]. Gosudarstvo i pravo [State and Law], 1997, no. 11, pp. 14-21. (in Russian)

2. Belyaev V.P. Kontrol i nadzor kak formy yuridicheskoy deyatel'nosti: voprosy teorii i praktiki [Control and supervision as forms of legal activity: theoretical and practical issues]. Dr. sci. diss. Saratov, 2006, 436 p. (in Russian)

3. Ignatenko V.V. Vklad professora D. N. Bakhrakha v razvitiye otechestvennoy nauki administrativnogo prava [Professor D.N. Bakhrakh's contribution to the development of Russian administrative law]. Akademicheskiy yuridicheskiy zhurnal [Academic Legal Journal], 2022, vol. 23, no. 3 (89), pp. 342-349. DOI: 10.17150/1819-0928.2022.23(3).342-349 (in Russian)

4. Morozov S.A. Administrativnyye protsedury gosudarstvennogo kontrolya i nadzora v sfere publichnogo upravleniya [Administrative procedures of state control and supervision in the sphere of public administration]. Cand. sci. diss. abstr. Nizhny Novgorod, 2025, 28 p. (in Russian)

5. Pozharsky D.V. Kontrol no-nadzornaya deyatelnost kak funktsiya sovremennogo gosudarstva [Control and supervisory activity as a function of the modern state]. Gosudarstvennaya vlast i mestnoye samoupravleniye [State Power and Local Self-Government], 2003, no. 4, pp. 33-36. (in Russian)

6. Soloviev A.A., Khurshudyan A.L. Kompleks mer antikorruptsionnoy napravlennosti v gosudarstvennykh i munitsipal'nykh uchrezhdeniyakh [A set of anti-corruption measures in state and municipal institutions]. Vserossiyskiy kriminologicheskiy zhurnal [Russian Criminological Journal], 2020, vol. 14, no. 2, pp. 256-267. DOI: 10.17150/2500-4255.2020.14(2).256-267 (in Russian)

7. Khusyainova S.G., Kuznetsov M.N. Voprosy obespecheniya zakonnosti v sfere gosudarstvennogo kontrolya (nadzora), munitsipalnogo kontrolya v Rossiyskoy Federatsii v sovremennykh usloviyakh [Issues of ensuring legality in the sphere of state control (supervision) and municipal control in the Russian Federation in modern conditions]. Baikal Research Journal, 2024, vol. 15, no. 4, pp. 1413-1421. DOI: 10.17150/2411-6262.2024.15(4).1413-1421 (in Russian)