Discretion in Making Administrative Decisions on the Establishment and Clarification of Mandatory Requirements

Abstract

The article is devoted to the discretion in making administrative decisions on the issues of establishing and clarifying mandatory requirements of regulatory legal acts. The author analyzes the normative legal regulation, in the Russian Federation», and considers specific examples of legally established powers of administrative authorities. In the course of the study the author comes to the conclusion that the root cause of discretion in making managerial decisions is the law, its imperfection or on the contrary a conscious measure of the legislator, giving discretionary powers to officials. The author proposes possible solutions to the cases of imperfections of legislative acts identified by him, in particular, by amending such legislative acts. In conclusion, the author notes that imperfection (lack of systematic regulation, gaps, etc.) of legislative acts, vesting administrative bodies with relevant powers, affects the degree of discretion in establishing and explaining mandatory requirements by administrative bodies. In some cases, such a degree of discretion is excessive, leading to unfavorable practical consequences, which, in turn, calls into question the achievement of generally recognized (public) goals of the institution of mandatory requirements.