Olga N. Ordina - Candidate of Law, associate professor of the department 'Economic Theory and Management' of the Russian University of Transport, associate professor of the department ‘Theory and History of State and Law’ of the Moscow S.U. Witte University
Abstract. In order to identify the legal nature, the current paper has presented the analysis of the most significant sources of transport law in foreign countries, which are regulatory legal acts issued (adopted) by the executive authorities in the manner of delegating part of their powers by the legislative authorities and having the power of law. In order to implement delegated legislation, the Parliament must issue a special act that grants delegated powers to the administration. The delegated legislation may even contain constitutional norms. The paper has also analyzed in detail the acts of delegated transport legislation in the countries of the Anglo-Saxon legal system. The author has noted that there are used such norms in foreign literature to denote the concept of delegated legislation as ‘government legislation’, ‘administrative legislation’, ‘presidential legislation’, ‘legislation of executive branch’, ‘decree law’, etc. Delegated legislation as an independent institution was formed and formalized at the turn of the 19th and 20th centuries. The reasons for the emergence of this phenomenon were both the growing necessity of administrative and legal regulation of foreign countries, and the concentration of all state power in the hands of the executive authorities and the public administration subordinated to it. The author believes that the experience of Western countries in making delegated legislation regulating the field of transport activities is of great relevance for modern Russia.
Keywords: transport; government body; government regulation; public administration; transport law; act of delegated legislation.
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