Усмотрение в деятельности органов исполнительной власти как форма реализации их компетенций

Abstract

The absence of the term “administrative discretion” in the domestic legislation is not an obstacle to its broad interpretation by scientists. Discretion appears where there is an administrative legal relationship. The article uses dialectical and general scientific methods: synthesis, induction, and the method of system analysis. In this paper, some theoretical aspects related to the legal nature of administrative legal relations are considered. The author analyzes administrative discretion, which manifests itself in the interaction of executive authorities and their subordinate institutions when making administrative decisions. Defining the legal structure of such interaction, the author identified vertical and horizontal — diagonal relations and came to the conclusion about the negative deformation of the “choice of the moment of entry into force” as a manifestation of administrative discretion by executive authorities.