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Значення та шляхи гарантування матеріального, фінансового та методичного забезпечення виконання делегованих владних повноважень

Year: 2025
Type: article
Abstract: The article emphasizes that the nature of delegated powers implies that the state agency or local self-government body while delegating its powers must ensure the possibility of their proper execution by transferring sufficient material, financial and other resources necessary for this. The transfer of financial, material, technical and other resources for the implementation of delegated powers may be accompanied or fully or partially replaced by directing proceeds from the implementation of delegated powers to sources of financing the activities of delegatees. Methodological assistance in the implementation of delegated powers, including advisory support, preparation of generalized recommendations, provision of information that can serve as a basis/ground for decision-making while executing delegated powers, etc., may be of critical importance for increasing the efficiency of activities of an entity with delegated powers. The sufficiency of resources, information and counseling provided as a support for proper execution of delegated powers is to be determined in view of the conditions for the delegation of powers (defined in regulatory acts and administrative agreements (administrative acts) on the delegation of powers) as well as giving due weight to the specifics of the peculiarities of the entity with delegated powers. Disputes regarding the sufficiency of means and methods of ensuring the proper execution of delegated powers should be settled through administrative and/or judicial appeal procedures, which could result in placing the delegator under obligation to fulfill its duties regarding resource/information/ counsel provision for the execution of delegated powers with the payment of compensation for losses caused by improper performance of these duties and a penalty in the amount of 120 percent of the discount rate of the national central bank for each day of delay in the performance of these duties or on other reasonable terms.
Language: English
Open Access status: green
OpenAlex ID: W6997573839
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