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Article

О соотношении государственных услуг, функций и полномочий органов исполнительной власти

Смирнова А. А.

The article analyzes the legislation in force as well as the legal opinions that exist with respect to the legal treatment of public services, legal powers, and administrative functions of the executive authority. The author notes the ambiguous and contradictory nature of legal regulation in the sphere of public services and the absence of a uniform approach to understanding them in the Russian law theory. The existing legislation defines public services through administrative functions or works or activities or legal powers. This is unacceptable from the standpoint of legal writing as clarity and unambiguousness of terminology adopted in legislation is one of the most important factors of its efficiency and of the quality of state governing. The author concludes that public services, legal powers, and administrative functions are widely different terms that denote different legal phenomena. "Legal powers" and administrative functions are an institution of public law, whereas "public services" belong to the domain of private law.