Extra-Legal and Shadow Functioning of Public Authorities

Abstract

This article discusses the various forms of public authorities functioning and state authorities functioning in particular. The authors argue that in addition to the institutional and regulatory and structural and functional characteristics, public authority realizes in extra-legal form, which acts as a complex concept correlating with such forms as "informal", "shadow", "unlawful." It is proved that this form of governmental authority is not mediated by law and can have both formal public and informal, shadow and non-legal nature. The matter of this article shows that extralegal forms of activity lead not only to negative, but also to positive effects - to the development of the system of state power, political forms and regime, methods of state and legal impact on the political, economic, social and other systems of society. Thus, in some cases extralegal but legitimated by society forms of state influence on the political process can get institutional and regulatory clearance. Moreover, the authors identify the causes and factors of the development of this form, as well as provide a meaningful analysis of the informal authorities’ activity, their shadow interaction and shadow forms of relations, illegal practices, unlawful sphere and shadow law.

DOI: 10.5901/mjss.2015.v6n3p387