THE CONCEPT OF DISCRETIONARY POWERS AND CONCEPTUAL APPROACHES
https://doi.org /10.59982/18294359-24.2-hl-15
Abstract
The process of formation of the concept of discretionary powers and the development of conceptual approaches are conditioned by public relations, which in turn are inextricably linked
with the activity of the state and public authority, because the direct role of the state in endowing administrative bodies with discretionary powers and showing consistency in the appropriateness of their application is indisputable.
The article refers to the historical period of the development of discretionary powers, referring to the discretion used in Ancient Rome and Ancient Greece. Comparative analyzes were made between the concept of “Discretionary authority” and a number of other concepts, in particular, the terms “discretion” and “prudence”, “discretion” and “jurisdiction”, “discretion” and “discretionary” were discussed and the correlation of each of them was analyzed. with the authority, at the same time referring to the definitions of the concept of discretion. Reference was also made to the concepts of “legal risk” and “legal error”, as a result of which we distinguished the concepts of “administrative discretion” and “administrative-legal discretion”, considering them in legal and non-legal contexts.
At the same time, we formulated the qualitative features and content elements of discretionary powers as conceptual approaches, based on human rights and freedoms, as well as the good faith and prudence of the administrative body in the exercise of the discretionary powers assigned to it by law.
Keywords: Administrative law, administrative discretion, authority, prudence, authority, discretion, state, administrative body.
PAGES: 176-187