Трек: 1. International Law. Rule of Law
Governmental powers assignment to legal entities is a significant social and political institution within the global trend for “state privatization”. The said process goes hand in hand with constitutional and public administration reforms in several economies; it provides for use of capitals accumulated by private persons, their experience in technologies and administration, for the activities within the scope of present-say government responsibilities.
Both domestic and foreign practices show rapid development of administration and management outsourcing, elaboration of public foundations in concessions, development of public-private partnerships, establishment of quasi-public institutions that undertake governmental functions in relation to economy, improvement of public property management through corporate structures.
Assignment of public powers to legal entities means that the government shares some of its functions and the responsibility for the performance thereof.
The following issues are essential upon discussion of the above subject: What are the objectives of governmental (public) powers privatization? Should such “privatization” be limited to the executive branch (while it is evident that private arbitration and mediation procedures are developing)? Are there any other restrictions of governmental (public) powers transfers (as to their dates, scope, parties, etc.)? Is it possible to state that the transferees of powers act as authorities and have the respective status? Are there any similarities between privatization of powers and of property?
Moreover, upon governmental (public) powers privatization it is necessary to solve the issues of efficient use of resources and quality of the services provided, as well as of transferred powers exercise efficiency assessment, management and liability.
It is essential to provide for citizens’ rights and legal interests in the course of “state privatization” including the combination of public and private legal principles and procedures for regulation of the relations between citizens and entities that were invested with public powers, and determination of remedies against rights infringement.
Head of the Department, All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
Senior Vice-President for Export Finance and Documentary Operations, State Corporation 'Bank for Development and Foreign Economic Affairs (Vnesheconombank)'
Judge, Administrative Court of Cologne
Vice-Rector, Professor of the Department of Constitutional Law of the Faculty of Law, Charles University
Associate Professor of the Constitutional and Municipal Law Department, National Research University Higher School of Economics (HSE)
Chairman of the Committee of the State Duma of the Federal Assembly of the Russian Federation on Natural Resources, Property and Land Relations
Deputy Chairman, Supreme Court of the Russian Federation
Professor, Boston College Law School
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