Discretionary powers of the public administration in providing the NPO state registration services

Viktor Eduardovich Gatsolati,Bulat Umerzhanovich Seitkhozhin,Alexander Borisovich Zelentsov,G.I Muromtsev,S.B Zinkovskii

doi:10.1051/shsconf/202111803015

Abstract

The purpose of the research is to determine the impact of the current administrative and legal regulation of the implementation of administrative procedures for the provision of the non-profit organisation state registration services on the scope of discretionary powers of the public administration in the provision of this service. The methodological basis of the research is created by modern philosophical, general-scientific and special-scientific methods of cognition including dialectical, logical, formal-legal, systemic and statistical methods, as well as analysis, description, synthesis and interpretation. The research results were the conclusions from the analysis of the administrative and legal regulation of administrative procedures for the provision of the non-profit organisation state registration services. Thus, in particular, the discrepancy between a separate provision of the administrative regulation on the provision of the non-profit association state registration services with the current federal legislation was identified and a proposal to amend it was formulated. In addition, it was concluded that the detailed regulation at the sub-legal level of the procedure for the implementation of administrative procedures for the provision of public services has a negative impact on the scope of discretionary powers of public administration bodies. The research novelty lies in the adopted methodological approach to the analysis of the overseas experience in legal regulation of the implementation of administrative procedures by public administration bodies and the conduct of a comparative legal study of regulation of the implementation of administrative procedures for the provision of public services in Russia and in the European Union member states.

Highlights

The trend of detailed regulation of the administrative procedures, which leads to an excessive reduction in the scope of discretionary powers of public administration, continues to actively gain momentum in our country
Such detailing virtually deprives the public administration of discretionary powers; this is quite clearly manifested in the provision of the non-profit organisation (NPO) state registration services
Special focus was put on the comparative legal research method which made it possible to analyse regulating the implementation of administrative procedures for the provision of public services in Russia and the European Union member states

Summary

Introduction

The trend of detailed regulation of the administrative procedures, which leads to an excessive reduction in the scope of discretionary powers of public administration, continues to actively gain momentum in our country. The implementation by the public administration of administrative procedures for the provision of public services in modern Russia is regulated by a large number of bylaws of the executive authorities, administrative regulations These regulatory documents regulate in detail the procedure for exercising the powers assigned to the public administration to provide services to individuals. The scientific hypothesis of the research is based on the assumption that the current administrative and legal regulation of the procedure for carrying out administrative procedures for the provision of the NPO state registration services in Russia leads to an excessive decrease in the scope of the discretionary powers of the public administration

Objectives

Methods

Results

Conclusion