The transfer of state powers to non-governmental organizations: problems of conceptual apparatus and ways of their solution

Authors

  • Рафаэль Зиннурович Хасянов Higher School of Economics of the Department of public law disciplines

DOI:

https://doi.org/10.17308/vsu.proc.law.2020.1/2391

Keywords:

state powers, transfer, delegation, allotment, publicly significant functions, non-governmental organizations

Abstract

The article deals with the conceptual apparatus of the transfer of state powers to non-governmental organizations. Due to the fact that this institution has appeared quite recently, currently there are no definitions of its most basic terms. The article notes that there is no clarity and unambiguity in how to qualify the nature of this process: is it «delegation» of powers, «empowerment», «redistribution» of powers, «transition» of powers, «assignment» of powers, «granting» of powers or «transfer» of powers? It is also unclear in this phenomenon what exactly is transferred: « powers», «competences», «functions», «services», «management process». In addition, what did the constitutional Court of the Russian Federation mean by introducing the term «publicly significant functions»? In this regard, the paper attempts to propose possible variants of the basic terms of the institution with their scientific justification.

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Author Biography

  • Рафаэль Зиннурович Хасянов, Higher School of Economics of the Department of public law disciplines

    Post-graduate Student at National Research University Higher School of Economics of the Department of public law disciplines

References

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Published

2020-02-14

Issue

Section

State Authority. Legislative Process. Constitutional Law. Public Management.