On the Delegation and Extraction of State Powers among State Authorities (on the Example of the Republic of Belarus)

Abstract

The article examines various aspects of the delegation of powers to state bodies and other subjects with powers of authority. It is emphasized that at certain stages of history, including the modern one, sometimes this happened without a normative fixation of such a rule. Belarusian and foreign legislation and practice indicate that delegation of powers can occur: 1) from one state body (official) to another; 2) from a state body (official) to a non-state entity, for example, a territorial public self-government body (councils, citizens' committees, elders, etc.); 3) from the highest source of power (people) to a state body (for example, by means of popular vote, powers are delegated to parliament, the local council of deputies). Attention is drawn to the possibility of not only voluntary delegation of powers, but also their removal from the jurisdiction of other bodies. Examples are given based on the analysis of the current legislation. The conclusion is made that if the transfer of powers corresponds to the nature of the given body, its purpose, corresponds to constitutional principles and norms, this practice should be supported.