DIFFERENCES IN THE DELEGATION OF AUTHORITY FROM THE COMPETENCE OF STATE AUTHORITIES AND FORMAL COMMISSION
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue
Abstract
The article is devoted to a brief analysis of delegated law-making, as a kind of legal activity. The delegation of powers is described as an integral part of delegated law-making. Also, the main signs by which it is possible to distinguish delegation of powers from the competence of state authorities and official order. Delegated lawmaking operates most concretely and efficiently, due to the ability to compensate for certain gaps and legal and technical deficiencies in legislative and regulatory legal acts. The regulation of public relations with the help of delegated law-making will be most effective in the following cases: completely lack of legal regulation of specific types of social relations; social relations are regulated in the general (abstract) form and need to be specified; legislation does not have the capacity to cover the diversity of social relations for regulation. Delegated powers are an integral part of delegated lawmaking, since they are carried out by way of empowerment (that is, the provision (delegation) of certain powers that the subject had not previously had) of one (higher) authority of the state to another (lower). Delegation of powers implies that the delegating body, passing a certain set of powers does not exclude them from their own competence, even for the period of delegation. In addition, the delegating body of public authority at any time has the right to revoke the regulatory act on the delegation of legislative powers and to resolve the issue at its own discretion.
Authors and Affiliations
П. О. Грималюк, Д. О. Коваль
Keywords
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