The article clarifies the constitutional and legal regulation of the delegation of legislative powers of the government in foreign countries, the role and significance of such delegation, compares the features of the implementation of the delegation of legislative powers in foreign countries, as well as with the history of the implementation of the corresponding delegation in state legal practice in Ukraine. It was concluded that in the science of constitutional law, the issues of delegation of legislative powers to the government, although they are studied, but, unfortunately, it is not enough for us. In the future, it is promising to develop a comparativist theoretical approach to models of delegation, its causes, features in parliamentary and presidential regimes, positive sides and disadvantages, as well as, most importantly, requirements for its implementation. It is the selection of the most successful models of terms, conditions of delegation, its subject, control over delegated powers, early termination of delegation, evaluation of the effectiveness of its implementation that could, in the future, when reforming the constitutional text, strengthen legal regulation in Ukraine. You should not be afraid of delegation. To date, it is rather carried out implicitly or covertly, formally violating the Constitution, by giving the government for ransom what the legislator should have regulated. Moreover, it can refer to quite a variety of issues. To date, the Constitution of Ukraine and the jurisprudence of the Constitutional Court of Ukraine have unequivocally closed any way to legislative delegation, although at the beginning of Ukrainian statehood, such delegation existed and even had a certain serious economic and legal effect. The Constitutional Court of Ukraine formally correctly assesses the unconstitutionality of delegation. However, this does not mean that the corresponding institution of delegation should not be constitutionalized and introduced into the legal field. This has been done in many European countries and their experience could be used by Ukraine. All the more so, taking into account the European integration aspirations of Ukraine. The article analyzes the experience of France, Italy, Spain, Portugal, and Croatia, which could be useful in the future in Ukraine.
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I.I. Omelko (2024) studied this question.
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