The concept and genesis of powers, the mechanism of their regulation and legitimacy when established at the legislative level

Abstract

The article is devoted to the disclosure of the concept of the theory of powers. Legitimacy of powers and consideration in their regulatory regulation of needs and interests of man and citizen, society as a whole is shown. It was found that the structural construction of the theory of the state and law requires the presence of relevant autonomous parts in its system, such an autonomous part is the theory of powers, which is a collection of reliable knowledge about powers. Authority is considered as a social phenomenon that manifests itself in modern relations of civil society, the delegation of the right to exercise certain rights and duties. It was determined that the powers in their content are a set of interrelated and interdependent rights and obligations. It was established that the legal structure of powers includes the duties of state bodies, public organizations, officials and other persons assigned to them in accordance with the procedure established by law. Powers are established in legal norms at both the legislative and sub-legal legal levels. It has been found that the term "authority" is used in various fields of law and is therefore considered general legal. Authority is defined as an element of a broader legal phenomenon - the system of law and the state. It was established that the authority has systemic and functional connections with the state bodies, through them the voters delegate the right to manage the state and society's affairs, these elements of the system are an integral part of the competence of the executive power bodies. The regularity of the use of the term "authorization" in the norms of not one, but all branches of law can be traced. It was determined that the general rule of recognition of the legitimacy of the powers of a government body or an official is that they acquire powers on the basis of compliance with all the requirements of the law, and act in the manner defined therein. A general definition of the concept of authority is proposed, as a general concept for the theory of law and the state, the content of which is a system of rights and obligations acquired in a legitimate way by the state, local self-government, state bodies and local self-government bodies, their officials, other subjects of legal relations in order to ensure the opportunities, needs and interests of a person and a citizen, individual social groups and society as a whole.