THE CONCEPT AND NATURE OF THE STATE’S CONTROL FUNCTION WITHIN THE LEGAL FRAMEWORK FOR APPEALING DECISIONS BY REGULATORY BODIES

Abstract

The article reveals the concept and legal nature of the state’s control function as a key element of public administration designed to ensure the legality, efficiency, and accountability of government activities. It is substantiated that the state’s control function is an integral component of the mechanism for exercising state power and is closely linked to the right of individuals to appeal the decisions of regulatory authorities. An analysis of the evolution of the control function in the historical and legal dimension is provided, which supports the thesis that the effective and proportionate exercise of state control is a guarantee of balancing public and private interests, as well as upholding the principle of the rule of law. The role of the legal appeal mechanism as a tool for protecting the rights and freedoms of business entities in their relations with regulatory authorities is examined. Prospects for improvement include: unification of control procedures with a single core of procedural guarantees; consistent implementation of an adaptive, risk-oriented approach with a priority on prevention; ensuring transparency of algorithms and availability of effective legal remedies. It is this model that allows combining the protection of the public interest with the real protection of the rights of individuals and meets constitutional principles and European standards of good governance.