The problem of judicial interpretation of the term "state control (supervision), municipal control" in the text of the Administrative Offenses Code of the Russian Federation

The subject of this study is the legislative and judicial perception of the term "state control (supervision), municipal control" in relation to administrative-jurisdictional procedures. The results of court interpretations of this term are analyzed in the context of its relationship with control (supervisory) activities and control (supervisory) functions for the purpose of conducting proceedings in cases of administrative offenses. Special attention is given to searching for and identifying law enforcement situations where federal legislation provides for a narrow and broad approach to determining the meaning of the specified term. A separate focus of the study is the analysis of draft laws prepared in accordance with the legal positions of the highest courts. The empirical basis consists of federal laws and draft federal laws, judicial acts of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and arbitration courts of the regions. The methodological foundation includes formal-legal, systemic, and comparative-legal methods. The main conclusions of the research state that the text of the Administrative Offenses Code of the Russian Federation lacks a uniform conceptual and coherent apparatus related to control and supervisory activities. The analysis of the Administrative Offenses Code and judicial practice helps to differentiate the narrow and broad approaches of the legislator to the understanding of the term "state control (supervision), municipal control." The position of the courts supports and justifies the broad approach; however, it has not yet been fully realized in the text of the federal law on administrative responsibility. The scientific novelty of the study manifests in identifying four specific cases mentioned in the law where a narrow approach is enshrined by referring to federal laws No. 248-FZ and No. 294-FZ, as well as 14 law enforcement situations that require the use of an expanded interpretation of the mentioned terms.