Continuing the Discussion on Administrative Discretion
نویسندگان
چکیده
The article continues the discussion on topical issue of administrative discretion for Russian administrative-legal theory and legal practice, organized by editors journal “Siberian Law Review” pages two previous issues with participation P. Serkov Yu. Solovey. Author focuses state modern domestic doctrine discretion, contribution scholars to its development, need possibility (including criteria limits) delimiting from other types discretion. It is proved that jurisprudence demonstrates, contrary assertions some experts, not confusion in face problematic category but ontological methodological certainty, although sometimes reaching extremes. At same time, there no single are many such doctrines, have right claim specific doctrines associated their names. draws attention fact general particular interdisciplinary (interscientific) categories, so they must first all be rid semantic meaningful “layers” sciences. sooner a pure appears, more mistakes risks will insured against science law enforcement practice. In order avoid terminological preserve subject matter study, it absolutely important distinguishfour concepts: 1) discretion; 2) judicial control over 3) 4) exercise These concepts certain connection each other, however, designate different (partly even branch affiliation) phenomena, processes institutions. As conclusion, indicated motives discretionary decision public administration or later (better than later) made public. To make this reality, needs develop offer effective guarantees ensuring rights citizens associations when authorities powers.
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ژورنال
عنوان ژورنال: ????????? ??????????? ?????????
سال: 2023
ISSN: ['1819-9496', '2500-0136']
DOI: https://doi.org/10.19073/2658-7602-2023-20-2-145-157