Law-making authorities of executive government bodies as the legal basis of their law-making activity

Abstract

The article examines the essence of the rule-making powers of the executive authorities, the limits of the independence of the executive authority in the exercise of its rule-making powers, the difference between the concept of «independence of the executive power in relation to other branches of government» and the concept of «operational independence of individual divisions of the executive authorities», as well as their interrelationships connection with rule-making activity.
 On the basis of the understanding of the rule-making powers of executive bodies as the powers to establish, change and cancel mandatory rules in the form of issuing bylaws, the conclusion that the rule-making powers of executive bodies are inseparable from their legal status is substantiated, the issue of their appointment as a means of implementation is considered by executive power bodies of their functions, tasks and powers, as well as the need for general control over the exercise of rule-making powers by executive power bodies from the legislative power. The question of the use of discretionary powers by the executive authorities is considered, as their powers to act at their own discretion, choosing from among several prescribed legal options for behavior the one that best meets the needs of achieving the management goal. The conclusion that the rule-making powers of executive authorities serve as the legal basis for rule-making activity and are carried out through rule-making activity is substantiated. By virtue of their importance and impact on social relations, on the rights and obligations of individuals, rule-making powers require the implementation of rule-making activities of executive authorities in a special legal procedural form, since for their rule-making activities it is important and necessary to observe the appropriate method, order and procedures of implementation , while observing the limits of competence. The need for regulatory regulation of the procedure for the implementation of rule-making activities of executive authorities, its high level of formalization, recording of its results, as an activity that is important for keeping executive authorities within their powers, observing the principle of the rule of law, protecting the rights and freedoms of the individual, is substantiated.