DELEGATION OF POWER TO PRIVATE ACTORS: THEORETICAL PREREQUISITES AND PRACTICAL EXPERIENCE

General prerequisites for involving private actors in the performance of governmental functions, arising from their potential to make a positive impact on quality of performance of these functions, include: (1) particular knowledge, skills and experience of private actors in the relevant sphere of public relations and the dependence of their standing in these spheres on understanding the patterns of respective public relations and the level of their integrity; (2) greater speed of decision-making and its flexibility, which contributes to timely adaptation to changes; (3) ability to relieve the relevant state and local self-government authorities with reliance on financial, material and personnel resources of private actors. The possibility of delegating powers to private actors is provided for or excluded at the national level by each state. Cases of performance of public power by private actors in certain common law and civil law countries include: repayment of tax debt by private collection agencies, administering penitentiary institutions, establishment of maximum labor norms andminimum wages by industry associations, etc. The legal doctrine of these states affirms the view that when assessing the constitutionality of schemes for delegating powers to private actors, the decisive factor is not the involvement of private actors as such in the performance of governmental functions, but the proper governing of issues of organization, rights, duties and responsibilities of private actors in that capacity. Ukrainian legislation as well lays a foundation for delegating powers to private actors, such as public self-organization bodies, classification societies in the field of merchant shipping, as well as professional self-government and self-regulatory organizations (of appraisers, capital market participants, in the field of architectural activity, etc.).