ЗАРОДЖЕННЯ ТА ЕВОЛЮЦІЯ ДИСКРЕЦІЙНИХ ПОВНОВАЖЕНЬ У СИСТЕМІ УПРАВЛІННЯ КАТОЛИЦЬКОЇ ЦЕРКВИ

Abstract

The article analyzes the evolution of discretionary powers in the management system of the Catholic Church in order to clarify and establish the meaning of certain management principles that are now effectively applied in civil service law. It was found out that the practice of using discretionary powers first arose in the environment of the Roman Catholic Church. They were used by papal legates who carried out the representative, diplomatic mission of the Holy See in the Christian countries of the world. Their legal status was determined by the Code of Canon Law of May 27, 1917. The rules and decisions of the Second Vatican Council, which enabled local churches and individual dioceses to use discretionary powers, gave them the opportunity to act within the limits of canon law taking into account local characteristics, laid the foundation for moderate decentralization, which by its force, did not violate the principles of the supremacy of the Holy See. It was established that the progressive development of the network of papal diplomatic missions not only demonstrated the possibility of using discretionary powers in the implementation of management, but also led to the formation of a wide diplomatic representation of the Vatican, which now maintains relations with most countries of the world and is represented in the most authoritative international organizations. At the Holy See in Rome there are more than eight thousand permanent missions from the countries of the world and international organizations, including those from the European Union. In the course of the analysis, a polymethodological approach was used, by applying a set of philosophical, general scientific, special scientific research methods, namely, dialectical, hermeneutic, axiological, historical-philosophical, and systemic-functional research methods. In addition, formal-dogmatic, formal-logical, and formal-legal methods have become widely used. A comprehensive analysis of the formation and development of discretionary powers in the management system of the Catholic Church became possible thanks to the use of the systemic-structural method, furthermore, its research in the historical-legal dimension is due to the retrospective method. Special scientific methods were the quintessence of the research, particularly, comparative- and historical-legal ones.