ՎԱՐՉԱԿԱՆ ԱԿՏԵՐԻ ՀՍԿՈՂՈՒԹՅԱՆ ՄԻՋԱԶԳԱՅԻՆ ՓՈՐՁԸ ԵՎ ԴՐԱ ՏԵՂԱՅՆԱՑՄԱՆ ՀՆԱՐԱՎՈՐՈՒԹՅՈՒՆՆԵՐԸ / INTERNATIONAL EXPERIENCE IN SUPERVISION OF ADMINISTRATIVE ACTS AND THE POSSIBILITIES OF ITS IMPLEMENTATION

Abstract

The collapse of Soviet power in our country was followed by the process of implementing various legal institutions of other states with rich experience. It was no secret that the newly established and unprepared Armenia was unable to resolve issues in the country with its own legal resources, which were deepening every day and required priority attention. Meanwhile, during the same period, a number of Western countries already had a scientific, longterm and effective legal system, which the newly independent countries had to implement as quickly as possible in order to face the challenges and have a governance system suitable for a democratic state. However, the process of implementing the legal culture of a foreign state must be carried out carefully and take into account the national, cultural, religious and historical characteristics of a given country. Of course, the mechanical implementation of the practices of foreign institutions is fraught with a number of negative consequences. The article concludes that the applicability of administrative procedural rules to discretionary administrative acts is limited, especially to such types of discretion as “uncertain legal agreements” and “discretionary choice” (when the latter involves a meaningful assessment of factual circumstances). The way out of this situation is the modernization of judicial control and expansion of its subject matter, as well as the expansion of the depth of judicial control depending on the types of discretion, and the active application of the principle of jurisprudence (proportionality).