Delegation of State Authoritative Powers in the Public Regulation System

Abstract

Introduction: the article considers introduction into the system of the state power organization of such an element as delegation of particular public authorities to the subjects of private 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 of public 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.

Creation of an end-to-end customs control system as an economic security tool

“…Foreign experience indicates the feasibility of implementing this approach [9][10][11]. This approach makes it possible to delegate certain powers of the customs authorities without detracting from the effectiveness of control [12].…”

Determination Of Responsibility In Managerial Decision-Making

“…15405/epsbs.2021.05.02.214 Corresponding Author: Roman Terentev Selection and peer-review under responsibility of the Organizing Committee of the conference eISSN: 2357-1330 1715 planning document in accordance with the requirements of the 172nd Federal Law (Federal Law, 2014). This issue is of particular importance in the search for a national effective management system (Romanovskaya, 2017;Starostin, 2019).…”