Control and supervision over the provision of funeral services by public administration bodies

Abstract

The article examines the administrative and legal foundations of control and supervision over the provision of funeral services as instruments for ensuring dignified treatment of the deceased, protecting the rights of their relatives, and preventing abuses in the funeral services market. It is argued that, under conditions of armed aggression against Ukraine and a sharp increase in the number of fatalities, the issue of proper organisation of burials, identification of bodies, maintenance of registers of the deceased, and compliance with sanitary, ethical, and legal standards becomes particularly urgent and goes beyond the scope of ordinary municipal services. The article analyses scholarly approaches and legislative definitions of the concepts of “control” and “supervision”, identifies their common features (ensuring legality, preventive nature, continuity, and the exercise of authoritative powers) and differences in terms of purpose, methods, and spheres of application. It is demonstrated that the absence of a clear distinction between these instruments in legislation generates conflicts and contributes to the formalisation of inspections and the tolerance of corrupt practices, including unlawful solicitation of services, the sale of information about a person’s death, monopolisation of local markets, shadow activities of service providers, and improper maintenance of burial sites. The necessity of introducing a coherent, transparent, and accountable model of public control and supervision is substantiated, based on international humanitarian law standards, unified procedures for recording and identifying the deceased, strengthened requirements for market participants, involvement of local self-government bodies and the public, as well as effective sanctions for violations. It is concluded that properly structured mechanisms of control and supervision in the field of funeral services constitute an essential element of the state’s humanitarian policy and a guarantee of adherence to the principles of dignity, legality, and justice.