Administrative discretion: some ideas based on the results of the discussion

Occupation: Deputy Head of the Siberian Law Institute of the Ministry of Internal Affairs of Russia (for scientific work)
Affiliation: Siberian Law Institute of the Ministry of Internal Affairs of Russia
Address: Russian Federation, Krasnoyarsk

Journal name

Gosudarstvo i pravo

Edition

Issue 12

Pages

214-218

Abstract

In the presented work, based on the analysis of a joint scientific article (in two parts) by well-known administrative scientists P.P. Serkov and Yu. P. Solovey, issues related to the concept and practical implementation of administrative discretion are considered. Attention is drawn to the multiplicity of possible approaches to the definition of the concept of “discretion”. Special attention is paid to its scientific and methodological significance, expressed in the ability to serve as a convenient angle for studying a variety of patterns. It is noted that the authors clearly and effectively used the general legal category “discretion” to describe an important industry problem, as a result of which the reader is offered an interesting and informative example of a scientific discussion of scientific and practical significance.

Keywords

discretion, administrative discretion, discretionary powers, police, police activity, administrative act, law enforcement, review, limits of judicial control, justice

Received

03.07.2023

Publication date

29.12.2023

Number of characters

20572

Cite

GOST	Tsukanov N. Administrative discretion: some ideas based on the results of the discussion // Gosudarstvo i pravo – 2023. – Issue 12 C. 214-218 [Electronic resource]. URL: https://gospravo-journal.ru/S102694520029379-7-1 (circulation date: 15.05.2024). DOI: 10.31857/S102694520029379-7
MLA	Tsukanov, Nikolay N "Administrative discretion: some ideas based on the results of the discussion." Gosudarstvo i pravo 12 (2023):214-218. DOI: 10.31857/S102694520029379-7
APA	Tsukanov N. (2023). Administrative discretion: some ideas based on the results of the discussion. Gosudarstvo i pravo (12), pp.214-218 DOI: 10.31857/S102694520029379-7

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1. Avrutin Yu. E., Girvits A.V. On the concept of police discretion, its legal nature and grounds // Herald of Lobachevsky Nizhny Novgorod. 2017. No. 4. P. 78, 176 (in Russ.).

2. Golovina (Gapon) Yu. P. Administrative discretion in the application of coercive measures by executive authorities // Administrative Law and Process. 2022. No. 6 (in Russ.).

3. Zherebtsov A.N., Chaban E.A. The ratio of administrative discretion and expediency when making a decision on an administrative case // Administrative Law and Process. 2018. No. 8 (in Russ.).

4. Korenev A.P. Norms of Administrative Law and their application. M., 1978. P. 73, 74 (in Russ.).

5. Milshin Yu. N. Administrative discretion as an element of public administration // Administrative Law and Process. 2019. No. 12. P. 43 - 45 (in Russ.).

6. Nikitin A.A. Legal discretion: theory, practice, technique: dis. ... Doctor of Law. Saratov, 2021. P. 16, 46 (in Russ.).

7. Pronin K.V. Discretionary powers of the court in criminal proceedings: abstract ... PhD in Law. Chelyabinsk, 2010. P. 7, 8 (in Russ.).

8. Serkov P.P. Legal relationship (theory and practice of modern legal policy): in 2 parts. M., 2023. Part 1. P. 84, 165, 630 (in Russ.).

9. Serkov P.P., Solovey Yu. P. Administrative discretion: questions and answers (part 1) // Siberian legal review. 2022. Vol. 19. No. 4. P. 374 - 383 (in Russ.).

10. Serkov P.P., Solovey Yu. P. Administrative discretion: questions and answers (part 2) // Siberian legal review. 2023. Vol. 20. No. 1. P. 6 - 24 (in Russ.).

11. Solovey Yu. P. Administrative discretion (comparative legal research) // Formation and development of branches of law in the history and modern legal reality of Russia: in 12 vols. Vol. VIII. Administrative Law in the system of modern Russian law / ed. by R.L. Khachaturov, A.P. Shergin. M., 2022. P. 434–545 (in Russ.).

12. Solovey Yu. P. Legal regulation of police activity in the Russian Federation. Omsk, 1993. P. 227 (in Russ.).

13. Solovey Yu. P. Discretion in the administrative activities of the Soviet police: dis. ... PhD in Law. M., 1982. P. 33 (in Russ.).

14. Chernikov V.V. Administrative discretion as an objective reality and a theoretical problem in the works of Professor Yu. P. Solovey // Administrative Law and Process. 2018. No. 7. P. 23 - 30 (in Russ.).