Основні засади правового режиму виконання делегованих владних повноважень приватними особами

The author maintains that private actors with delegated powers are subject to the basic principles governing of public authorities. The law shall, in particular, establish grounds, forms, terms and other aspects of the procedure for exercise of discretionary powers of these actors, as well as ways for prevention and settlement of conflicts of interest, compliance with a special procedure for the development and adoption of regulatory acts, creation of conditions for public control over them (consultations with the public on the formation and implementation of state policy, etc.) and other general obligations of state bodies and local self-government bodies. However, private actors are to be provided with sufficient latitude in choosing the forms and methods of exercising their delegated powers to fulfill their potential to raise the quality of public administration in respective area. The article states that when delegating powers, special conditions and restrictions on their exercise may be set forth. In particular, such restrictions often include the possibility of a private actor to exercise delegated powers only under special circumstances (primarily to ensure the rights and privileges of persons with a special status, to implement special public policy instruments in the relevant area, etc.). Special conditions for exercising delegated powers may include, in particular, the obligation of the entity with delegated powers to: (1) get approval of the delegator of regulatory legal acts, internal rules and procedures for the activities of the delegatee, its individual administrative acts; adhere to the recommendations of the delegator regarding the content of these documents; (2) rely on the principles of public policy in the respective area, approved by the delegator, in order to prevent the deterioration of standing of individuals and legal entities compared to the situation when the powers are exercised by the public authority.