Administrative discretion: the concept and implementation limits in the activities of executive authorities

Abstract

The article analyzes the essential characteristics of administrative discretion in the work of officials of executive authorities. Administrative discretion has several key attributes. Firstly, it is applied in certain managerial situations where it is deemed necessary. Secondly, it allows officials to assess a situation and make a decision based on their independent judgment to implement the best solution for the problem. Thirdly, it can be used when there is insufficient legal specificity to resolve a case or when the legal norm provides an indication for its use. Lastly, its character is defined by the legal framework within which it operates. The authors considered the normative grounds and limits of administrative discretion. Based on the experiences of foreign countries in regulating administrative discretion and the opinions of experts, the authors have identified the main principles of administrative discretion: exercising discretion within the boundaries set by the law, considering the rights and freedoms of citizens, complying with the objectives of public powers and the legal status of officials, being reasonable and fair. The article analyzes the materials of judicial practice, providing explanations of judicial bodies on the essence of administrative discretion and the its requirements. The author looks at how contemporary trends in the organization and regulation of administrative procedures of executive authorities relate to the development of the institute of administrative discretion.