THE PROBLEM OF DELEGATING CERTAIN STATE POWERS TO LOCAL AUTHORITIES 

Stulnikova Olga Vasil'evna, Candidate of juridical sciences, associate professor, sub-department of state and legal disciplines, Penza State University (40 Krasnaya street, Penza, Russia), stulnikova80@yandex.ru

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Background. In the course of their work the state authorities inevitably face a need to implement their powers at a lower territorial level, than the Federation level. This problem is solved by delegating the state powers to local authorities on the basis of contracts or legislation. It's safe to say that this problem is probably the main and quite a sore one, typical for local self-governments in Russia, and a large array of theoretical studies on the problem actually indicates a prompt response to the changing conditions by the legislator, territorial contrast of municipalities, presence of gaps and fuzzy wording in the legislation. The purpose of the article is to examine the problem of empowering local governments with certain state powers.
Materials and methods. Implementation of the research tasks was achieved by analyzing the basic legislative acts of the Russian Federation, which provide the le-gal norms of delegating certain state powers to local governments. The methodological potential included the methods of comparative legal analysis and generaliza-tion, which allow to compare the contents of various institutions, to identify charac-teristic features.
Results. The delegation of certain state powers is an effective means of interac-tion between the state authority and a local self-government. However, there is one major problem of realization of certain state powers – underfunding. This is evi-denced by the results of the study.
Conclusions. Firstly, the legislation has a terminological inconsistency. The legal matter has not fixed the notion “delegation of certain state powers to local self-governments”, thus there is no consistently and systematic character in the defini-tions. Secondly, the expansion of the competence of local governments by being de-legated certain state powers should be based on the principle of expediency, accounting capabilities of local authorities to carry out these powers in full, and the balance of responsibility for failure to be distributed in such a way that it would be the “blame” of municipalities. Thirdly, the problem of funding should be specially emphasized. When transferring funds to the subjects to perform certain state powers actors should take into account the original unevenness of municipalities. Therefore, there should be made deliberate decisions in order to equalize the balance and the independence of the budgets of all levels through subsidies.

self-governement bodies, state powers, budget, subsidy, Constitution.

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