CRITERIA (CONDITIONS) FOR THE DELEGATION OF STATE POWERS TO ORGANIZATIONS: THE EXPERIENCE OF FOREIGN COUNTRIES

Rafael Khasyanov

Public administration issues, 2021, issue 3, 155-179

Abstract: The article presents the study and analysis of the experience of foreign countries in the issue of criteria and conditions for delegating state powers to organizations. The purpose of the study is to identify the most optimal and effective approaches to establishing and applying criteria and conditions for the delegation of state powers to organizations. The research tasks in this work include examining the Russian experience and positions of Russian scientists on this issue, and the US experience, where most fully and disclosed in detail studied the issue, and analysing the experience of European countries such as France and Germany, and the European Union. As a research method, the author uses analysis of the scientists positions and mainly the judicial practice of foreign courts, which consider and explore the criteria and conditions for the delegation of state powers to organizations. The study showed that there is no detailed legal regulation of criteria and conditions for the delegation of state powers to organizations in the Russian law. The analysis of foreign judicial practice has led the author to the conclusion that the most effective approach to the application of criteria and conditions for the delegation of state powers to organizations is a multi-factor analysis, like the one developed by the Supreme court of Texas, including several independent criteria, which makes them more specific and reduces the scope for different interpretations of delegating the powers.

Keywords: state powers; criteria for delegation of powers; private delegation; private delegate; non-delegation doctrine; the Due Process Clause (search for similar items in EconPapers)
Date: 2021
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Persistent link: https://EconPapers.repec.org/RePEc:nos:vgmu00:2021:i:3:p:155-179

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