constitutional regulation

Constitutional Regulation of Economic Relations in Foreign Countries: History and Modernity

Introduction. The constitutional regulation is considered as an impact of a constitution on the most essential aspects of life in society. Singling out common features of the constitutional regulation, “generations of constitutions” does not resolve an issue of existence of the common and special features in formulation of the principles of functioning of various systems, including economic relations, in constitutions of various periods. Theoretical analysis. Stipulation of the constitutional regulations on the bases of the economic system of the state depends to a lesser extent on the time of creation of the constitution. When determining economic bases, leaders of states rely mostly on economic policies. Еmpirical analysis. Assessment of provisions of constitutions of various foreign countries showed that three components of the constitutional regulation of the relations under consideration can be found in the consitutions of "the first generation". Such models can be singled out from the position of legal status of a personality, from the position of organization of public power and from the position of a territorial structure of a state. The constitutions of “the second generation” considerably broadened the sphere of the constitutional regulation of public relations including the economic sphere. In modern constitutions economic relations are regulated with a high degree of unification. Results. The similarity of the basic principles of the constitutional consolidation of economic relations does not mean existence of a uniform model of the constitutional regulation of the economic relations. The lack of the uniform model is caused by traditions of the constitutional legislation of a particular state, arrangement of political forces at the time of development of the draft constitution.

Delegation of Authority to the Executive Authorities of the Russian Federation

Introduction. In modern conditions, the Institute of delegation acts as one of the most promising directions of increase of efficiency of the of activity of executive bodies. It promotes decentralization of management, ensures the transfer of authority to the level where they can be most completely implemented. Theoretical analysis. Out of the variety of concepts associated with delegation of authority process, advocated the need for a «delegation of authority» category as a generic term covering all types of delegation. Allocated general and specific principles of delegation within the executive branch. The special includes the principle of «exclusivity» of delegated powers, principle of delegation of «related powers» or branch principle, the principle of control and responsibility of the delegating authority, the principle of transparency, awareness of the subjects of the executive branch of the delegation process. Empirical analysis. The practice of concluding agreements indicates the need to eliminate internal contradictions and harmonization of agreements on the delegation of authority in the system of Executive authorities. Results. Improvement of legal regulation of the process of delegation of authority involves making changes and additions to the Federal law No. 184-FZ and regulations