Administrative discretion in the activities of executive authorities and its features
https://doi.org/10.31429/20785836-14-4-46-51
Abstract
The purpose of the presented scientific research is to analyze the specific properties (signs) of administrative discretion as a type of law enforcement discretion, its difference from the discretion of the judicial (judicial).
As a result of the study, specific signs of administrative discretion were revealed. It is noted that such features are such properties as the implementation of discretion exclusively by the authorized executive body; compliance of the discretion with the legality, expediency and motivation of the management decision; is implemented within the framework of a public legal relationship; is based on the specifics of the method of legal regulation of public legal relations; the peculiarity of the management activity of civil servants; is characterized by the possibility of its expansion.
Conclusion: the formulated views on the features of administrative discretion as a type of law enforcement discretion will allow to concentrate the attention of law-making and law enforcement bodies in the formation and implementation of discretion when making a management decision on an individually specific administrative case.
About the Authors
E. A. Chaban
North Caucasus branch of the Russian State University of Justice
Russian Federation
Russian Federation
Evgeny A. Chaban, Cand. of Sci. (Law), Associate Professor of the Department of Administrative and Financial Law
Krasnykh Partizan str., 324, Krasnodar, 350020
Tel.: +7 (918) 335-89-89
E. A. Kulishenko
North Caucasus branch of the Russian State University of Justice
Russian Federation
Russian Federation
Ekaterina A. Kulishenko, Cand. of Sci. (Law), teacher of the Department of Administrative and Financial Law
Krasnykh Partizan str., 324, Krasnodar, 350020
Tel.: +7 (918) 335-89-89
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Review
For citations:
Chaban E.A., Kulishenko E.A. Administrative discretion in the activities of executive authorities and its features. Legal Bulletin of the Kuban State University. 2022;(4):46-51. (In Russ.) https://doi.org/10.31429/20785836-14-4-46-51
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