Reasons and grounds for using administrative discretion in the activities of public administration
Journal Title: Правова позиція - Year 2017, Vol 1, Issue
Abstract
The author of this article studies the reasons and grounds for the application of administrative discretion, which is an actual and useful task of modern legal science. The author propose, a classification of reasons of administrative discretion, which takes a main part in the reform of the management system and allows: 1) show disadvantages in the management system work; 2) eliminate the negative reasons for administrative discretion emergence in the executive authorities and local government activities; 3) create excellent approaches and determine the methodology for introducing the institute of administrative discretion depending on the reasons which dictate such a necessity, which means, it was made by analyzing a particularly positive cause of it is occurrence and decide needness of this institution, which based on arguments with appropriate reason; 4) to provide the managements apparat work according to the principles of efficiency and effectiveness of its implementation. Also, the author of its article explain the content of the grounds for making administrative discretion, which made it possible to identify the most rational and effective way of normative empowerment of public administration bodies on realization of discretion powers and to initiate the increasing its practical application in the legislative practice of Ukraine.
Authors and Affiliations
В. О. Омелян
Logical nature of indirect evidence in criminal process
The article is devoted to the study of the logical nature of indirect evidence in criminal process. The assertion that the indirect evidence logical understanding does not coincide with the indirect evidence concept cont...
Some aspects of improving organisational principles of administrative and legal regulation of the economy of Ukraine in crisis conditions
The article analyzes the reference, scientific, educational and methodological literature and normative legal acts in order to determine the main directions for improving the organizational bases for the administrative a...
Legal and organizational principles of customs policy US
This article is devoted to scientific analysis of the legal and institutional framework of customs policy leader of the international community the United States, which is a model for Ukraine, which aspires to join the...
US criminal policy and the fight against organized crime
We know that the greatest threat to law and order in the US is organized crime. Moreover, American society is now under pressure from transnational crime, as the United States, as the world’s “geopolitical player”, unabl...
Fathers and sons of “theory of reflection” in soviet and post-soviet legal science
This article reviews factors that determined the establishment as methodological ground of Soviet and post-Soviet theory of legal evidences “Lenin’s theory of reflection”. Considered and assessed are concepts of “retrosp...