Delegation of state authoritative powers in the public regulation system
Автор: Romanovskaya O.V.
Журнал: Вестник Пермского университета. Юридические науки @jurvestnik-psu
Рубрика: Конституционное и административное право
Статья в выпуске: 2 (36), 2017 года.
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Introduction: the article considers introduction into the system of the state power organization of such an element as delegation ofparticular public authorities to the subjects ofprivate law. Purpose: to analyze the relations emerging when subjects of private law exercise functions and powers characteristic of governmental bodies; to identify the forms of delegation and gaps emerging in the system ofpublic administration; to perform analysis of each form of delegating authoritative powers. Methods: the research is based on analysis of statutory regulation, technical and comparative law methods. Results: the identified forms of delegating state powers of authority accepted in the Russian Federation are as follows: co-regulation, self-regulation and quasi-regulation; establishment of an organization with a special status combining the features of a state body and those of a non-profit organization but having the right to engage in business activities; management of a territory by a private law organization; outsourcing of the functions of governmental bodies. It has been revealed that the RF Constitution does not provide for (but also does not prohibit) delegating powers of authority to non-governmental organizations. Permissibility of such delegation is based on the broad interpretation of the RF Constitution general provisions given in some rulings of the RF Constitutional Court. Conclusions: modern ideology of libertarianism, which proves inefficiency of the government in performing its public functions, has a considerable influence on the content of the administrative reform. One of the reform lines is the government's renunciation of excessive authorities and their delegation to the third sector - different non-governmental organizations. Lack of unified rules of such delegation in the Russian Federation entails abuses, as well as the government's refusal to control the efficiency of performing public functions.
Delegation, power, authority, co-regulation, self-regulation, quasi-regulation, governmental body, non-governmental organizations, libertarianism
Короткий адрес: https://sciup.org/147202597
IDR: 147202597 | DOI: 10.17072/1995-4190-2017-36-143-154