KORCHOVA I. Administrative and legal regulation of man-made and fire safety state supervision (oversight)

The dissertation is a comprehensive scientific study of the administrative and legal regulation of man-made and fire safety state supervision (oversight). Based on the conceptual foundations of administrative and legal science, an analysis of the norms of current domestic and foreign legislation and law enforcement practices, a number of theoretical issues and practical recommendations have been identified and substantiated regarding the enhancement of the implementation of legal norms related to the exercise of man-made and fire safety state supervision (oversight). Additionally, proposals for further development of the current legislation have been formulated. The proposed author’s systematization of the historical periods of the formation and development of legislation on man-made and fire safety state supervision (oversight). Considerable attention in the study is paid to the substantiation of the distinction between man-made and fire safety state supervision (oversight) and state supervision (oversight) in other areas of activity. The author’s vision has been formed regarding the essence of the concept of man-made and fire safety state supervision (oversight). The study further develops the issue of the discrepancy between the list of entities subject to man-made and fire safety state supervision (oversight), as legislatively defined in the CCP of Ukraine, and the list of entities that, due to objective circumstances, should be subject to such supervision (oversight). It has been determined that the key measure through which the supervisory authority obtains information about the actual state of man-made and fire safety organization at the supervised facility is routine and unscheduled inspections. However, they will only be informative when no obstacles are created for their execution. The essence of the new functionality for state supervision (oversight) – fire and man-made safety audit, has been revealed. The dissertation author first defines the legal nature, content, and characteristics of response measures in the field of man-made and fire safety, applied based on Part 2 of Article 68 of the CCP of Ukraine. An author's version and substantive content of a separate article of the CAP of Ukraine have been proposed, which would regulate the specific features of proceedings in cases upon the applications from state supervision (oversight) bodies. The proposals for the prospects of further improvement of the legal regulation of man-made and fire safety state supervision (oversight) have been further developed in the study. These proposals aim to ensure the effective implementation of supervision and to safeguard the interests of the supervised entities.