DOI: 10.7256/2306-9945.2023.4.69005

EDN: MQBGQE

Abstract: The article is devoted to the analysis of publicity as a principle of public control. The role and place of this institution of civil society in the system of legal guarantees for the implementation and protection of the constitutional principles of democracy and the participation of society in the management of state affairs is investigated. The authors analyze the basic principles of the organization and activity of subjects of public control. The main features of the concept of the principle of publicity are formalized: a) it involves bringing information about the organization and activities of subjects of public control, as well as about public control activities carried out by them, to the citizens of the country; b) its implementation means that it is not allowed to conceal or distort any information that has become known to representatives of public control; c) it presupposes the existence of a mechanism guaranteeing the dissemination of information to the entire population; d) it is not possible without the development and implementation of a mechanism for the responsibility of any public authorities, their officials, legal entities and individuals for obstructing the processes of bringing the above-mentioned information to the population of the country; e) it presupposes the absence of self-censorship of the above-mentioned information, carried out by subjects of public control under the influence of both public authorities and other subjects of the political system of society. A number of methods of scientific research are used in the work, including: formal-logical; historical-legal; comparative-legal; statistical; sociological. The article identifies and formalizes the main problems associated with the consolidation and implementation of the principle of publicity in the organization and activities of subjects of public control: a) the lack of formalization of this institution of civil society in the Constitution of the country; b) not fixing at the level of Federal law (or by-laws) among the principles of public control of the principle of publicity; c) the absence of criminal and administrative legislation measures of legal responsibility of public authorities, their officials, as well as other objects of public control, for countering the legitimate activities of representatives of public control to disseminate information related to the organization and conduct of public control events; d) lack of a systematic approach in securing legal guarantees for the implementation and protection of public control. A system of measures to resolve these problems has been developed and justified.