Reasons and grounds for using administrative discretion in the activities of public administration

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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

Keywords

discretion; administrative discretion; grounds; reasons; public administrative

EP ID EP446368
DOI -
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