BROSALINA ALEKSANDRA ALEXANDROVNA

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.

The article focuses on legal and ethical components of the civil servants’activities and substantiates their significance regarding the quality of work for state apparatus. The author speaks of the need to introduce the requirements for increased compliance control and independent social supervision over the conduct of public civil servants. There are different opinions among representatives of the academic society regarding the need to develop a unified code of ethics for public civil servants enshrined in the form of a normative legal act. The example of the civil service highlights the influence of legal and ethical regulations on the professional culture of civil servants. Based on modern theoretical material, the author considers situations related to conflict of interest in civil servants’ activities. The author concludes that the authorities should regulate such situations and exclude the possibility of non-compliance with the public interest in implementing administrative powers. The qualitative and effective public service depends directly on civil servants, as they represent the state itself. The civil service fulfills those government functions, which are the basis of the effectiveness for state governance. The ethical element has a significant role in the system of responsibility for public authorities and makes it distinctive compared to the obligations of other subjects of law.