General grounds for termination of delegation of public powers

Анотація

The pertinence of the research stems from the fact that against the background of the growing practice of delegation of public powers in the legislation and judicial case-law of some countries there is no unity in determining the grounds for termination of delegation of public powers. Relying on the results of generalizing the legislative provisions on the withdrawal (revocation) of delegated public powers, as well as referring to relevant foreign experience, the author summarized that the main grounds for terminating the delegation of public powers are generally recognized to include: (1) early return by a public authority of the delegated powers (with compensation for losses caused by this decision to the relevant public authority or private entity); (2) impossibility of exercising delegated powers for objective reasons; (3) systematic violation of the principles and rules for the exercise of delegated powers; (4) negative assessment of the effectiveness of the exercise of delegated powers; (5) non-compliance of a public authority or private entity with delegated powers with the requirements for eligibility for delegated powers. Nevertheless, the study found that there could be no legal consequences for the participants in the delegation of powers of the fact that the legal act serving as a basis for an administrative act or administrative agreement on delegation of powers was amended, except if respective legal provisions have not undergone substantive changes. Similarly, changes in the name, as well as a reorganization of public authorities or private entities as participants in the delegation of powers do not entail the termination of delegation of powers. Instead, in such circumstances, public succession takes place, during which the rights and duties under the document on the delegation of powers are transferred to their successors, unless this has led to the acquisition of power by an entity that does not meet the criteria for this. The author, moreover, maintained that the provisions of the legislation governing the matter of termination of delegation of powers should determine the rules for administrative proceedings that have been initiated and not completed by the time the delegated powers were withdrawn (revoked).