The article is devoted to the consideration of the specifics of the regulatory and legal regulation of the federal state quarantine phytosanitary control (supervision), its structural organization. The purpose of the article is to establish the rules of legislation on state control (supervision) and plant quarantine, fixing this specificity, to identify its negative aspects, as well as to determine the prospects for further improvement of this legislation. The goal was achieved withthe help of general scientific methods (analysis, synthesis, dialectical method) and the formal legal method. Analyzing the content of the legal literature, the current legislation on state control (supervision) and plant quarantine, the author came to the conclusion that it is advisable to revise the categorical apparatus of plant quarantine legislation in terms of the concepts of state phytosanitary control (supervision), phytosanitary risk. In addition, it was noted that the division of phytosanitary control (supervision) into types, not all of which are covered by legislation on control and supervisory activities, contributes to the unjustified development of subordinate rulemaking, replacing legislative regulation, while administrative enforcement measures applied within the framework of state control (supervision) should be established only by law.
|
