Irina A. Sheludchenko
-
Crime against Justice on the French and German Criminal LawMoscow University Bulletin. Series 11. Law. 2024. Vol. 65. № 6. p.202-228read more270
-
Transfer of certain governmental authority constituting the scope of public authorities’ competence, not assuming its general alienation, is a common pattern of our times and in legal science is referred to as “delegation”. This article is supposed to clarify the essence of “delegation” as a notion of constitutional law. For this purpose, delegation is considered as a specific constitutional law notion on the one hand and as a general legal notion traced back to the early legal sources such as Digest of Justinian on the other. Recognized as a separate notion, “delegation” is proposed to be considered with reference to such notions as “state”, “governmental authority”, “separation of powers” and others. Analysis of the notions mentioned above regard to the constitutional law context has made it possible to define delegation in the light of philosophical ideas about the essence of governmental authority and public entities to which it belongs. For instance, ascertaining that governmental authority exclusively belongs to a public-law entity (the state) allowed to designate a specific subject of constitutional delegation, which is neither sovereignty nor state power, but governmental authority shared between the separate branches of government. Besides descripting specific features of constitutional delegation, the article also provides some undermining them in recent decades trends, namely, legislative delegation (i. e. delegation of law-making authority by the legislature to the executive) and private delegation (i. e. delegation of governmental authority to nongovernmental entities).
Keywords: delegation in constitutional law, governmental powers, authority; state, sovereignty, separation of powers
-
-
Personal data protection in Russia in the light of the delegated legislationMoscow University Bulletin. Series 11. Law. 2025. № 1. p.77-99read more87
-
The recent reforms of the Russian data privacy laws demonstrate the enhancement of personal data protection guarantees and, at the same time, enable to trace a trend towards vesting the lawmaking authority necessary to ensure them in the Federal Supervisory Service for Communications, Information Technology and Mass Media. The regulatory framework including federal laws and delegated legislation is to be considered within the framework of the right to personal data protection, and regard to the constitutional requirements for the delegation of lawmaking authority. The analysis of the legislation entrusting the Federal Supervisory Service for Communications, Information Technology and Mass Media with regulatory powers, as well as the delegated legislation reveals its inconsistency with the principle of legal certainty, which is an essential element for adequate data protection. The Russian delegated legislation in some cases leads to the weakening of the personal data protection guarantees and unjustified restriction of the data controllers’ rights and legal interests.Keywords: delegation in constitutional law, governmental powers, rulemaking powers, personal data, right to personal data protection, regulation, agency regulation
-


