Summary

In light of Estonia’s 20-year legal practice following the restoration of independence, it seems at first that the issue of whether a task belongs among those assigned to public authorities should have been resolved long ago – the legal system should be ready in this aspect. Yet we have to admit that – fortunately or unfortunately – this is not the case and, every now and then, new tasks are “discovered” or the previous views on the nature of some tasks are reassessed for some reason. This issue arises more often in disputes over the nature (private or public law) of fees. In these cases, lawyers are faced with the question of whether it is a public authority task, and if so, who (public authority or the private sector) should perform it and in what form (under a private or public relationship).

The article describes terminological problems in determining the tasks of the public authority and suggests possible solutions for establishing a system within these tasks. By analysing the valid law and the case law, the author cites the need to be careful in the use of terminology and calls for the legislator to reorganise the terminology.