Административное усмотрение в случае отмены административного акта

Abstract

Administrative discretion and administrative act are the key concepts in administrative law of all the countries. However, the role of discretion in the procedure for recognizing an administrative act as invalid is one of the most difficult problems in administrative law, and academics and practitioners are still discussion how to solve it. The method of comparative law is using in this article; as a result, the approaches of the countries of Civil and Common law are analyzed. The conclusion is real that discretionary powers can be used to invalidate an administrative act. In this case, the principle of protecting legitimate expectations and judicial control over discretionary powers are very important. These criteria exist in the Russian legal system, but they are not sufficiently developed.