TY  - JOUR
TI  - CRITERIA (CONDITIONS) FOR THE DELEGATION OF STATE POWERS TO ORGANIZATIONS: THE EXPERIENCE OF FOREIGN COUNTRIES
T2  - Public Administration Issues
IS  - Public Administration Issues
KW  - state powers
KW  - criteria for delegation of powers
KW  - private delegation
KW  - private delegate
KW  - non-delegation doctrine
KW  - the Due Process Clause
AB  - 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.
AU  - Rafael Khasyanov
UR  - https://vgmu.hse.ru/en/2021--3/508431345.html
PY  - 2021
SP  - 155-179
VL  -