Delegated legislation: a doctrinal analysis of the category

Abstract

The article is devoted to the study of existing doctrinal approaches to understanding the concept of "delegated legislation". The relevance of the topic is determined by the new challenges facing Ukrainian society, the need for new mechanisms of rapid state response to potential changes in various spheres of social relations. The article analyzes scientific approaches to defining the category "legislation". Besides, the attention is focused on the fact that some scientists, revealing the essence of the legislation, consider subjects to be the main element, others consider the process of coordination of interests, and still others consider the final result. The article formulates a new definition of the above-mentioned concept, which provides an opportunity to pay attention to all the specified aspects. Within the framework of the study, the attention is focused on the forms of state participation in the legislation, one of which is the delegated legislation. In order to reveal its legal nature, an analysis of both the philological literature, within which the lexical-semantic meaning of the concept was established, and existing scientific approaches to the definition of the category "delegated legislation" was carried out. The article analyzes foreign literature and finds out and researches the English-language equivalents of the above-mentioned concept. The main features of the delegated legislation have been formed, among which a special attention is paid to the following: the presence of the created normative-legal act of the legal force of law; the presence of a legislative authority that is delegated, comes from the law or by direct mandate of the legislative body of the state to another body; ensuring a system of control over the implementation of delegated powers. The author's vision of the concept of "delegated legislation", which specifies the mentioned main features, is substantiated. The peculiarities of the delegated legislation are determined and the relationship with derived categories is clarified.