MODERN PROBLEMS OF IMPLEMENTATION OF PUBLIC AUTHORITY BY NON-STATE BODIES

Abstract

Realization of public authority functions by non-state bodies has been widespread for a long time, but many legal issues associated with it still require adequate in-depth research. The paper attempts to address some of the issues related to the implementation of public state functions by non-state bodies, presenting them on the example of auditing activities.

The article presents new normative acts concerning the specialized structure, which has public functions in the field of auditing activity. Discussing the legal status of this entity, the author characterizes it as "indefinite", that is, it does not act fully as a subject of public or private law. In the author's opinion, the existing rules have created risks of violation of prohibition on competition and compulsory membership in private associations.

According to the author, the institution transferring the governmental powers, distinguished by its importance, has not yet become the subject of deep and complex legal regulation, and practical situational solutions appear to be apparently vulnerable. Therefore, the institute as a research subject is still in the establishment stage in the local, legal system, which makes it a priority to consider conducting similar studies, removing the existing gaps and deficiencies, and afterwards planning new legislative regulations.