Open AccessOn the question of the signs of administrative Discretion
Author(s) -
Yu. V. Onosov
Publication year - 2021
Publication title -
rossijskaâ ûsticiâ
Language(s) - English
Resource type - Journals
ISSN - 0131-6761
DOI - 10.18572/0131-6761-2021-3-48-51
Subject(s) - discretion , judicial discretion , enforcement , administrative law , administrative discretion , principle of legality , legislation , law , political science , state (computer science) , business , law and economics , judicial review , economics , computer science , algorithm
In legal science, the issue of judicial enforcement discretion seems to be the most studied, at the same time, the study of administrative law enforcement discretion does not cease to be relevant in view of its special specifics. The article attempts to highlight and analyze the essential characteristics of administrative discretion. According to the author, it is necessary to highlight and scientifically analyze a number of essential characteristics of administrative discretion: administrative discretion is a process of activities to select an optimal law enforcement decision by a subject of law, as well as the result of this activity; the presence in the legislation of legal mechanisms for limiting administrative discretion; implementation of administrative discretion in the application of measures of state coercion; administrative discretion is the best option for the balance between legality and expediency; the presence of freedom in the activities of the law enforcement body; the intellectual-volitional internal process of the subject of law applying. On the basis of the above, it is concluded that additional research is needed on the effectiveness of judicial control over the administrative discretion of state bodies